On January 13, 2021, Russo PLLC defeated Zarina Burbacki’s motion for reargument of the denial of her motion to dismiss. Defendant argued that the Court improperly denied her motion to dismiss on the basis of the release clause in plaintiff’s settlement agreement with a third party, because it did not address Ms. Burbacki’s role as the third party’s agent, representative or other interested party. Rejecting this argument, the Court stated that the current litigation was centered on Ms. Burbacki’s role as plaintiff’s attorney, not on any position that defendant may have held with the third party, and reiterated its prior decision that the release clause did not bar a party’s claims against its own attorneys, agents, or representatives. Accordingly, Justice Borrok denied the motion for reargument, holding that the Court did not overlook or misapprehend any matters of fact or law on the prior motion, and that a motion for reargument cannot be used to rehash arguments already considered and rejected or to advance alternative, new arguments. To see the decision, click here.