Legal Opinion
Curtis v. Scherer
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1999PublishedCited by 4 opinions
1Opinion of the Court
—Orders, Supreme Court, New *159York County (Harold Tompkins, J.), entered March 30, 1998 and August 26, 1998, which, in an action for common-law fraud and treble damages under Judiciary Law § 487, granted defendants’ motions to dismiss the complaint, and sanctioned plaintiff in the amount of $5,000, unanimously affirmed, with costs.
Plaintiff’s remedy, if any, for the alleged fraud by defendant law firms and attorneys in obtaining an adjournment of the trial of plaintiff’s prior action against defendants’ clients “lies exclusively in that lawsuit itself * * * not a second plenary action”…
2Cases cited4 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Yalkowsky v. Century Apartments AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
- Guardian Life Insurance Co. of America v. HandelAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- Household Finance Corp. v. DynanAppellate Division of the Supreme Court of the State of New York · 2000
- Hansen v. WertherAppellate Division of the Supreme Court of the State of New York · 2003
- North Shore Environmental Solutions, Inc. v. GlassAppellate Division of the Supreme Court of the State of New York · 2005
- Dupree v. VoorheesNew York Supreme Court · 2009