A federal judge has ruled that a New Jersey-based lawyer may move forward with her claim that New York law unconstitutionally discriminates against out-of-state lawyers by requiring them to maintain an office in New York if they want to practice law here.

Attorney Ekaterina Schoenefeld should be allowed to present arguments about whether New York’s office rule for out-of-state attorneys violates her rights under the privileges and immunities clause in Article IV, §2, of the U.S. Constitution because the state imposes no similar office-maintenance requirement on attorneys who are New York residents, Northern District Judge Lawrence E. Kahn ruled.

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