FKB’s Andrew Jones obtained dismissal of claims against an attorney in New York’s Appellate Division, Second Department. Plaintiff had alleged that FKB’s client was part of a scheme to deprive Plaintiff of her post as a Trustee of the Town of Chester, New York. The case sought, inter alia, to recover claimed damages for alleged violation of Judiciary Law § 487. Plaintiff now appealed from an order of the Supreme Court, Orange County, which had previously dismissed the case.

The full Appellate Division Court held that to the extent Plaintiff had raised allegations that were not precluded by collateral estoppel, the Supreme Court properly determined that Plaintiff failed to state a cause of action against FKB’s Insured, the Firm, and the co-defendants. The Appellate Division also upheld the finding that Plaintiff must obtain Court approval before commencing any new action relating to the underlying facts at issue.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Andrew Jones.