On Wednesday, September 24, 2025, the New York Supreme Court, Appellate Division, Second Judicial Department disbarred Elizabeth Diane Brody, after she submitted an application to resign as an attorney and counselor-at-law.
The case is entitled “In the Matter of Elizabeth Diane Brody,” with case number 2024-02188.
Brody faced disciplinary proceedings initiated by the Grievance Committee for the Ninth Judicial District. These proceedings, outlined in a notice of petition and verified petition dated March 18, 2024, included four charges of professional misconduct, although one charge was later withdrawn on September 18, 2024.
The remaining allegations against Brody included conduct prejudicial to the administration of justice, conduct adversely reflecting on her fitness as a lawyer due to her failure to cooperate with the Grievance Committee and comply with court-issued subpoenas, and issuing a check without sufficient funds in her escrow account. These actions were cited as violations of rule 8.4(d) and (h) of the Rules of Professional Conduct (22 NYCRR 1200.0).
In addition to the formal charges, Brody was also under investigation for several other alleged acts of misconduct. These included the misappropriation of $300,000 in client funds belonging to West 128th Street, LP, and/or NY Residential Property Works, LLC, potential additional misappropriations due to incomplete accounting of her attorney trust account, failure to remit funds upon request, engaging in dishonest, fraudulent, or deceitful conduct, misrepresenting facts to a court, contemptuous conduct for failing to comply with a court order, filing a frivolous motion, and further failures to cooperate with Grievance Committee investigations.
Brody, in an affidavit sworn on October 17, 2024, acknowledged the disciplinary proceedings and investigations. She stated that she could not successfully defend herself against the charges and allegations. Brody affirmed that her resignation was voluntary, without coercion, and with full awareness of the consequences, including disbarment.
The court order stipulates that Brody must make monetary restitution of $300,000 to West 128th Street, LP, and/or NY Residential Property Works, LLC, or their representatives. She is also required to reimburse the Lawyers’ Fund for Client Protection of the State of New York for any sums paid out due to her misappropriation. The court retains jurisdiction to issue further orders for restitution or reimbursement upon application by the Grievance Committee.
Pending the acceptance of her resignation, Brody agreed not to represent new clients or accept retainers for future legal services. She also agreed to restrict transactional activity in any fiduciary account to which she has access, limiting it to payments on behalf of clients or entitled parties.
The court’s decision mandates that the order of disbarment, along with related records and documents, including Brody’s affidavit, be deemed public records under Judiciary Law § 90(10). The Grievance Committee supported the acceptance of Brody’s resignation application.
The court ordered that Brody must comply with rules governing disbarred attorneys and cease practicing law in any capacity. She is prohibited from appearing as an attorney before any court or public authority, providing legal opinions or advice, and holding herself out as an attorney.
According to Avvo, Ms. Brody was a landlord or tenant lawyer in Cornwall, NY. She acquired her law license in New York in 2002.
A copy of the original filing can be found here.