Frank v. Pepe

OPINION OF THE COURT

Anthony L. Parga, J.

Motion by the defendant for an order granting summary judgment dismissing the complaint is granted to the extent indicated below, and the case is remanded to the District Court pursuant to CPLR 325 (d).

This is an action to recover damages for defendant’s alleged legal malpractice and for his purported deceitful conduct in violation of Judiciary Law § 487. It appears that the facts of this case, although not unique, have apparently never been officially reported before in a legal malpractice case in New York. This is not the usual situation where the…