FKB’S RACHEL AGHASSI AND SPENCER RICHARDS OBTAIN PRE-ANSWER DISMISSAL OF A JUDICIARY LAW §487 VIOLATION LAWSUIT

07/21/2021

FKB’s Rachel Aghassi and Spencer Richards obtain Pre-Answer dismissal of a Complaint alleging violation of Judiciary Law § 487 filed in the Supreme Court, New York County filed by a pro se attorney against FKB’s client for allegedly asserting multiple misrepresentations during a prior litigation to enforce the terms of a note allegedly arising from gambling loans.

In its CPLR 3211(a)(1) and (a)(7) motion to dismiss the Complaint, FKB successfully argued that the Plaintiff’s allegations of violation of Judiciary Law § 487 are precluded by the doctrine of collateral estoppel because the alleged misrepresentations were raised as issues in the prior litigation, and the court in the prior litigation necessarily decided the issues in rendering the decision to enforce the terms of the note against the Plaintiff. In addition, the Court (Justice W. Franc Perry) agreed with FKB’s argument that the Plaintiff’s Complaint otherwise fails to state a claim because “violation of Section 487 stemming from an attorney’s actions in a litigation ‘lies exclusively in that lawsuit itself … not a second plenary action.’” Finally, FKB successfully argued that the Plaintiff’s Complaint is a collateral attack on the judgment in the in the prior litigation, which determined that the note was enforceable against the Plaintiff.

If you have any questions about this decision, or the defense of attorneys in general, please contact Rachel Aghassi or Spencer Richards.

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