Ventus Properties, LLC v. Mo Chae

Summary

The Appellate Division, Second Department, reversed an order directing entry of judgment in a mortgage foreclosure action against Mo Chae. The court held that the defendant was prejudiced by representation at trial by her nonlawyer husband under a power of attorney and that the Supreme Court improperly precluded her from testifying. The matter was remitted for a new trial on the plaintiff's standing and compliance with RPAPL 1304.

Holdings

1. A person who is not an admitted member of the Bar may not practice law on behalf of another in New York, and a power of attorney, including one granted to a spouse, does not authorize the agent to provide legal representation.
2. Representation by a person unauthorized to practice law does not automatically render all prior proceedings void; reversal is warranted when the unauthorized representation prejudiced the party.
3. The Supreme Court erred in precluding Mo Chae from testifying at trial and should have permitted her to participate either pro se or through appropriate counsel.

Questions Presented

1. Whether the Supreme Court erred by permitting Mo Chae to be represented at trial by her nonlawyer husband under a power of attorney.
2. Whether the Supreme Court erred by precluding Mo Chae from testifying at trial.
3. Whether the resulting prejudice required reversal and a new trial on the plaintiff's standing and compliance with RPAPL 1304.

Disposition

reversed_and_remanded