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14 Sep 2017, 3:50 am by Andrew Lavoott Bluestone
“[A]n injury to the plaintiff resulting from the alleged deceitful conduct of the defendant attorney is an essential element of a cause of action based on a violation” of Judiciary Law § 487 (Rozen v Russ & Russ, P.C. [read post]
13 Jan 2012, 3:00 am by Andrew Lavoott Bluestone
Further, the plaintiff's allegation that the defendants "willfully delayed [her] recovery with a view to their own ends and benefit" is a bare legal conclusion, "which is not entitled to the presumption of truth normally afforded to the allegations of a complaint" (Rozen v Russ & Russ, P.C., 76 AD3d 965, 969; see Judiciary Law § 487[2]). [read post]