FKB’s Andrew R. Jones and Joshua E. Lahijani secured a pre-answer dismissal of a notarial misconduct claim on behalf of a real estate attorney with respect to a notarized deed in 2007.

Plaintiff filed an action against FKB’s client that purportedly notarized a deed conveying real property in 2007. Plaintiff sought to obtain a declaratory judgment that the deed was void and avoid the applicable statute of limitations. FKB moved to dismiss the complaint, arguing that the claims are strictly barred under the applicable six (6) year statute of limitations for notarial misconduct and that Plaintiff had failed to assert a claim for relief.

Justice Greenwald (Westchester County, Supreme Court) agreed with FKB’s argument that the claims are barred by the statute of limitations and the period to assert such claims had long expired.

If you have any questions about this decision, or the defense of lawyers in general, please contact Andrew R. Jones or Joshua E. Lahijani.