A Brooklyn judge tossed himself off a multimillion-dollar civil case yesterday after he allegedly cursed at and drew a bull’s-eye on a photo of a lawyer involved in the proceedings, court filings said.
“In the exercise of discretion and good conscience and to avoid the appearance of impropriety, this court recuses itself from this action,” Judge Arthur Schack wrote in his decision.
In April, Schack had written “Wanted” on multiple copies of a photo of Duane Reade lawyer John McDonough and spread them around the courtroom after declaring a mistrial in the personal-injury suit involving the drug-chain empire, according to a request for Schack’s removal filed by Duane Reade attorneys.
Then when another lawyer representing Duane Reade approached Schack in June and asked him to sign several papers related to an appeal, the judge said, “Bulls–t. I’m not signing it,” and, “Tell that piece of s–t McDonough he should not have made you do this,” according to the filing.
The judge then drew a red bull’s-eye on a photograph of McDonough’s face and handed it to the lawyer, according to the filing.
The injury case involves a woman allegedly maimed by a Duane Reade delivery vehicle.
The woman’s lawyer, Evan Torgan, yesterday said of the other side, “I think they were judge-shopping, and they were very successful at it. They got the judge off [the case] so they can re-argue all his decisions.”
A lawyer for Duane Reade declined to comment.