FKB’s Andrew Jones and Alec Neimand successfully obtained a favorable decision from the New York State Appellate Division, First Department, on April 9, 2026.  The decision unanimously affirmed Justice Chesler’s decision granting pre-answer dismissal of the complaint against FKB’s attorney client pursuant to CPLR § 3211(a)(5) and (7).

Plaintiff had argued that the lower Court erred because: (1) Plaintiff stated a claim against for “subordination of perjury” and pursuing payment for “illegal rent”; (2) Plaintiff’s claims were not time barred because subordination of perjury is “not a malpractice tort” and thus Plaintiff argues has no statute of limitations; and (3) that Plaintiff sufficiently submitted evidence of the pursuit of allegedly “illegal rent” to state a claim with particularity under CPLR 3016.

In response, FKB argued that Judge Chesler correctly determined Plaintiff’s allegations of violations of federal criminal statues and the professional rules of conduct were not actionable civil claims. FKB asserted that Judge Chesler correctly determined that all of Plaintiff’s claims accrued in 2015, when Plaintiff was evicted from the apartment at issue, and were long time barred.  Lastly, that Judge Chesler correctly ruled that Plaintiff’s unsupported allegations were insufficient to state any claim, much less one for fraud.

Following oral arguments and due deliberation, the Appellate Division held that Plaintiff’s claims entirely failed to state a cause of action and were barred by the statute of limitations.

If you have any questions about this decision, or the defense of attorneys in general, please contact Andrew Jones or Alec Neimand .