FKB prevailed in a pre-answer motion to dismiss pending before Justice Suarez in Supreme Court, Bronx County. FKB’s Attorney Client represented three business partners in a dissolution proceeding against the plaintiff seeking a valuation and surcharge against plaintiff’s business shares. During the representation, FKB’s Client submitted codefendant’s affidavit to aver of plaintiff’s improper management of shared corporate accounts. In response, the plaintiff brought the instant action alleging that FKB’s Client “deceived the court” in violation of Judiciary Law § 487 by using the codefendant as expert witness who was also “co-counsel” to FKB’s Client in the underlying dissolution proceeding.
FKB successfully argued that there was no viable Judiciary Law § 487 claim for attorney misconduct or chronic and extreme pattern of legal delinquency by either attorney; that plaintiff was free to cross-examine the expert for evidence of bias but that there was no fraud on the court; and that plaintiff failed to allege sustained damages from defendants’ conduct. The Court adopted every one of FKB’s arguments in the order, granting full dismissal of the claims and action.