Law/Business Firm Review
Daniel Szalkiewicz Proposes Malpractice Settlement Agreement to Remove Negative Reviews and Admits to Law Office Failure
Revenge Porn Case Dismissed by New York Court
Daniel Szalkiewicz New York Defamation Lawyer Admits to Law Office Failure After Case Dismissed
On Feb. 4 2022, Cooper, Dr. Spring Chenoa vs. Broems, Ryan, a revenge porn case which began in 2018 was dismissed by the Court after 4 years of litigation. The Court had warned parties that failure to upload something by February 3, 2022 would result in dismissal of the case. According to the Court, plaintiff's counsel Daniel Szalkiewicz from Daniel Szalkiewicz & Associates, P.C. ignored the Court for seven months, three consecutive conferences and notices that contained clear warnings that ignoring conferences would eventually result in dismissal. Daniel Szalkiewicz is a New York revenge porn and defamation lawyer.
Subsequently, Daniel Szalkiewicz filed motions to reargue and to vacate the Court's order of dismissal and restore the case. In his motion to vacate the order of dismissal and restore the case, Daniel Szalkiewicz stated that his failure to submit status updates to the court pursuant to the court’s notices constitutes law office failure and a reasonable excuse justifying restoration of this case. Daniel Szalkiewicz argued that the case should be restored due to his law office failure and in the interest of justice for his client.
However, in the Court's order denying his motion to vacate the order of dismissal, the Court found Daniel Szalkiewicz's explanation of his law office failure to be insufficient particularly because Daniel Szalkiewicz bizarrely blamed Mr. Broems and did not give a reason for why he was unable to spend five minutes to draft and upload an update about discovery. Daniel Szalkiewicz's motion to vacate did not provide an explanation for why plaintiff's counsel ignored the Court for seven months. In the Court's words, Daniel Szalkiewicz decided to do what he wanted to do.
In March 2022, the motions to vacate the order of dismissal and reargue were denied. Daniel Szalkiewicz filed a notice of appeal and appealed to the Appellate Division, First Department, of the Supreme Court of the State of New York. Daniel Szalkiewicz states in his brief that the lower court should have found that his client's failure to respond to form court notices was due to his law office failure based on the two affirmations from Daniel Szalkiewicz detailing his error in ignoring the court's notices and warnings.
