NEAL v. ENERGY TRANSP. GROUP

It has been held that Judiciary Law § 470 requires all nonresident attorneys to maintain offices in New York in order to practice law in this State (see, Lichtenstein v. Emerson, 171 Misc.2d 933,affd 251 A.D.2d 64). In Lichtenstein, upon finding that the plaintiff's attorney did not maintain such an office, the court explained that, "institution [of the action] based on [the attorney's] license to practice . . . is a nullity" ( 171 Misc.2d at 938, supra). Dismissal is therefore required here, albeit without prejudice to commencement of a new action (see, Cheshire Academy v. Lee, 112 Misc.2d 1076; Rosenberg v. Johns-Mansville Sales Corp., 99 Misc.2d 554).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.