Saferstein v. Klein
Cases that cite this one
5 later published cases cite this decision.
- Walter v. Castrataro (Appellate Division of the Supreme Court of New York 2012)
- Walter v. Walter (Appellate Division of the Supreme Court of New York 2009)
- Independence Party State Committee v. Berman (Appellate Division of the Supreme Court of New York 2005)
- Aw v. Aw (Appellate Division of the Supreme Court of New York 2003)
- Eisenstadt v. Eisenstadt (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nicolai, J.), entered January 24, 2000, which denied their motion for the court to recuse itself.
Ordered that the order is affirmed, with costs.
Absent a legal disqualification under Judiciary Law § 14, a trial judge is the sole arbiter on the issue of recusal. This discretionary decision is within the personal conscience of the court, and is not overturned easily (see, People v Moreno, 70 NY2d 403, 405-406; Ficalora v Town Bd. Govt., 276 AD2d 666; Fisk v Slye, 234 AD2d 983; Colburn v Blum, 233 AD2d 890). Here, the Supreme Court providently exercised its discretion in refusing to recuse itself from the case (see, Chodos v Barresi, 174 AD2d 359). Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.