Search for: "Melcher v. Greenberg Traurig, LLP" Results 1 - 14 of 14
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6 Dec 2023, 4:25 am by Andrew Lavoott Bluestone
The matrimonial court found that plaintiff had been damaged by defendant’s deceitful conduct to the extent she incurred attorney’s fees to address and rectify the fraudulent order procured through that conduct and to defend against the contempt motion, but the matrimonial court could not and did not entertain a claim for treble damages, which Judiciary Law § 487 authorizes by way of a separate legal action (see Melcher v Greenberg Traurig… [read post]
16 Aug 2023, 4:44 am by Andrew Lavoott Bluestone
An action to recover damages for attorney deceit under Judiciary Law § 487 is subject to the six-year statute of limitations set forth in CPLR 213(1) (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 15). [read post]
11 Sep 2022, 2:40 am by Andrew Lavoott Bluestone
Here is the doctrinal take-away discussion on Judiciary Law § 487: “The statute of limitations is also six years for plaintiffs’ first cause of action for violation of Judiciary Law § 487 (see CPLR § 213 [ 1]; Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 15 [2014], rearg denied 23 NY3d 998 [2014]). [read post]
18 Jul 2022, 4:05 am by Andrew Lavoott Bluestone
An attorney is liable under Judiciary Law § 487 (1) if he or she “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party,” and under Judiciary Law § 487 (2) if he or she “[w]illfully delays his [or her] client’s suit with a view to his [or her] own gain” (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 12 [2014]; Gorbatov… [read post]
15 Apr 2022, 3:55 am by Andrew Lavoott Bluestone
An attorney is liable under Judiciary Law § 487(1) if he or she “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party,” and under Judiciary Law § 487(2) if he or she “[w]illfully delays his [or her] client’s suit with a view to his [or her] own gain” (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 12; Gorbatov v Tsirelman, 155… [read post]
18 Apr 2019, 4:34 am by Andrew Lavoott Bluestone
Greenberg Traurig,LLP, 23NY3d19, 988NYS2d101, 11NE3d174,reargumentdenied 23 NY3d 998, 992 NYS2d 763, 16 NE3d 1241 [2014]). [read post]
28 Sep 2018, 4:49 am by Andrew Lavoott Bluestone
Surely the longest running Judiciary Law§ 487 case known to man, Melcher v Greenberg Traurig LLP  2018 NY Slip Op 06310  Decided on September 27, 2018  Appellate Division, First Department has been modified and sent back to Supreme Court for trial. [read post]
23 May 2018, 3:59 am by Andrew Lavoott Bluestone
These allegations generally state causes of action sounding in legal malpractice (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d at 49; Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.15 [c] [4]), and violation of Judiciary Law § 487 (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 14 [2014]; cf. [read post]
12 Mar 2018, 4:36 am by Andrew Lavoott Bluestone
These allegations generally state causes of action sounding in legal malpractice (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d at 49; Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.15 [c] [4]), and violation of Judiciary Law § 487 (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 14 [2014]; cf. [read post]
20 Nov 2017, 3:59 am by Andrew Lavoott Bluestone
These allegations generally state causes of action sounding in legal malpractice (see Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP, 26 NY3d at 49; Rules of Professional Conduct [22 NYCRR 1200.0)] rule 1.15[c][4]), and violation of Judiciary Law § 487 (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 14; cf. [read post]
12 Sep 2017, 4:00 am by Andrew Lavoott Bluestone
Although plaintiffs were aware of the alleged misconduct during the pendency of the prior foreclosure action, they are not precluded from bringing a plenary action alleging a violation of Judiciary Law § 487 provided that they are not collaterally attacking the judgment from the prior action (see Melcher v Greenberg Traurig LLP, 135 AD3d 547, 554 [2016]; Chevron Corp. v Donziger, 871 F Supp 2d 229, 261-262 [2012]; see… [read post]
23 Aug 2017, 4:43 am by Andrew Lavoott Bluestone
 Melcher v Greenberg Traurig, LLP  2014 NY Slip Op 02213 [23 NY3d 10] . [read post]
15 Aug 2017, 4:35 am by Andrew Lavoott Bluestone
“Judiciary Law § 487 exposes an attorney who [i]s guilty of any deceit or collusion . . . with intent to deceive the court or any party’ to criminal (misdemeanor) liability and treble damages, to be recovered by the injured party in a civil action” (Melcher v Greenberg Traurig, LLP, [*2]23 NY3d 10, 12-13, quoting Judiciary Law § 487[1]). [read post]