The respondent is charged with interposing in an action on four promissory notes, brought by the Century Bank of the city of Hew York against Lena Hobel and Max Hobel, an answer which contained a general denial. It is alleged that the respondent prepared the answer and caused his client to verify it when he knew that the material allegations of the complaint denied therein were in fact true; that thereafter the respondent admitted to the attorney for the plaintiff that the answers were served solely for the purpose of gaming time. The respondent has put in an affidavit explaining the circumstances under which this answer was interposed.
His excuse is that after the summons and complaint were served upon his client they were given to him to defend; that his client said over the telephone that he had no recol
The respondent, however, at the time he interposed this answer had been but a few months admitted to the bar, and he does not seem to have realized the obligation of an attorney at law to the courts and the public, but in view of his youth and inexperience and the circumstances detailed in his affidavit, which are corroborated by his client, the court is inclined to confine its discipline to a severe censure for the respondent’s conduct in interposing such an answer under the circumstances, with an admonition to the respondent that if he expects to continue to practice law he must be much more careful before interposing such an answer.
The respondent is, therefore, severely censured for his misconduct as aforesaid.
Present — Ingraham, P. J., Laughlin, Clarke, Dowling and Smith, JJ.
Respondent censured. Order to be settled on notice.
