Edit case — 399 OPW

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Attorney-discipline grievance filed with the NY Attorney Grievance Committee (2nd Dept.) by Aaron Goldsmith, Esq. Respondent-attorney: Emanuela "Emma" Lupu, Esq., opposing counsel on 533766/2024 (Kings Supreme) and LT-316337-24/KN (NYC Housing Court).

Linked dockets — same conduct supports vacatur in both: 533766/2024 and LT-316337-24/KN. Grievance is a parallel disciplinary track; it does not stay the civil matters.

Statutory framework: Judiciary Law § 487 (attorney deceit, treble damages); CPLR § 308(2) (service at actual dwelling/usual abode); CPLR § 2103 (service on counsel of record); 22 NYCRR § 130-1.1 (frivolous-conduct sanctions); RPC 3.3, 3.4, 4.1, 4.2, 8.4.

Core theory: Petitioner's counsel orchestrated a procedural ambush by knowingly effectuating service when Respondent was court-barred from 399 Ocean Parkway (by a TRO she herself obtained), while concealing the active Supreme Court matter from the Housing Court and bypassing the attorney of record — all to engineer a default judgment.

Key evidence: (A) 349 Broadway invoices showing prior knowledge of business address; (B) 12/23/2024 Sup. Ct. TRO barring Respondent from 399 OPW; (C) 01/07/2025 affidavit of service at 399 OPW during the barred window; (D) email chain with Goldsmith showing ignored representation; (E) post-default "courtesy" email to counsel; (F) NYPD-call notes re: Lupu's "only owns shares" statement.

Source: client's strategy workspace. Update this row with the official grievance intake number once the committee assigns one.