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Mosiello v. Velenzuela – Case Brief Summary (New York)

In Mosiello v. Velenzuela, 84 A.D.3d 1188, 924 N.Y.S.2d 480 (2d Dept. 2011), the trial court:

1) granted the motion by one nonparty law firm to direct another nonparty law firm to surrender the plaintiffs' litigation file to the moving nonparty law firm; and 2) denied the second law firm's cross motion to require that, after an expedited hearing, it be reimbursed for its disbursements or, in the alternative, an amount be fixed for an undertaking to be posted by the first law firm to secure repayment of its disbursements.

The Second Department reversed the trial court's ruling and directed that 1) the moving law firm's motion to direct the second law firm to surrender the file was denied; and 2) the second law firm's cross motion was granted. Id.

Concluding that no exigent circumstances had been established that would warrant an order compelling the surrender of the papers and files prior to a hearing, the Second Department remitted the matter to the trial court for an expedited hearing to fix the amount, if any, due to the cross moving law firm and the manner in which it should be paid or secured. Id.