KINDER MORGAN ENERGY PARTNERS LP v. ACE AMERICAN INSURANCE COMPANY (2008)

Supreme Court, Appellate Division, First Department, New York.

KINDER MORGAN ENERGY PARTNERS, LP, et al., Plaintiffs-Appellants, v. ACE AMERICAN INSURANCE COMPANY, Defendant-Respondent.

Decided: May 29, 2008

LIPPMAN, P.J., TOM, GONZALEZ, BUCKLEY, RENWICK, JJ.

Phillips Nizer LLP, New York (Michael S. Fischman of counsel), for appellants. O'Melveny & Myers LLP, New York (Gary Svirsky of counsel), for respondent.

Order, Supreme Court, New York County (Debra A. James, J.), entered March 23, 2007, which, upon granting plaintiffs' motion for reargument, adhered to its prior order dismissing the complaint without prejudice, unanimously affirmed, without costs.

Judiciary Law § 470, which recognizes a nonresident attorney's right to practice law in New York, has been interpreted in this Judicial Department as requiring such attorney at least to maintain an office in this state for such purpose (Lichtenstein v. Emerson, 251 A.D.2d 64, 674 N.Y.S.2d 298 [1998] ). Failure to maintain such a local office requires dismissal of an action commenced by such attorney, without prejudice to commencing anew (Neal v. Energy Transp. Group, 296 A.D.2d 339, 744 N.Y.S.2d 672 [2002] ).

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