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Case No. 2020 NY Slip Op 07712
Regular Panel Decision
Dec 22, 2020

Matter of Schlossberg

Aaron M. Schlossberg, an attorney, was publicly censured by the Appellate Division, First Department, for professional misconduct. The charges stemmed from a May 2018 incident in a Manhattan delicatessen where Schlossberg verbally confronted staff and a patron for speaking Spanish, making offensive remarks and threatening to call Immigration and Customs Enforcement (ICE). He admitted to violating Rules of Professional Conduct rule 8.4 (h) by engaging in conduct that adversely reflects on his fitness as a lawyer. The parties jointly moved for discipline by consent, agreeing to a public censure, which the court imposed. The court also granted Schlossberg's cross-motion to seal audio-visual recordings of the incident due to documented threats against him.

Attorney MisconductPublic CensureVerbal TiradeImmigration ThreatsProfessional EthicsRules of Professional ConductDiscipline by ConsentAppellate DivisionFirst DepartmentSealing Order
References
6
Case No. MISSING
Regular Panel Decision

H. B. Rosenthal-Ettlinger Co. v. Schlossberg

The case concerns a labor dispute where defendants are picketing a plaintiff's factory to unionize it and compel employees to join a union. Defendants allege the plaintiff violated Section 7(a) of the National Industrial Recovery Act by refusing collective bargaining with the Amalgamated Clothing Workers of America. The court reaffirms the legality of strikes and picketing to achieve unionization, citing Exchange Bakery & Restaurant, Inc., v. Rifkin. However, it emphasizes that picketing must be lawful, free from threats or misrepresentations. Finding that the defendants' signs contained false claims about the plaintiff violating the N.R.A., the court granted a temporary injunction to restrain picketing with such misleading signs, but denied it concerning the discharge of an employee, Gimmoro, due to disputed facts.

StrikePicketingLabor DisputeNational Industrial Recovery ActUnionizationInjunctionMisrepresentationFalse StatementsCollective BargainingEmployee Rights
References
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