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Claims Against Attorneys Under Judiciary Law 487 Can be Brought in Subsequent Plenary Actions

Mar 27, 2024Litigation & Dispute Resolution

I have remarked that when the highest court in the State of New York renders a decision about the species of fraudulent conduct, it is indeed exciting! See New York High Court Reinforces Justifiable Reliance and Loss Causation in Fraud (“As a commercial litigator and author of this blog, which is an up-to-date compendium of significant decisions involving fraud claims under New York law, I am keenly interested when New York’s highest court renders a decision reflecting on principles involving fraud claims.”)

Last week, the New York Court of Appeals rendered a definitive decision in Urias v Daniel P. Buttafuoco & Assoc., PLLC, 2024 NY Slip Op 01497 (Decided Mar. 19, 2024) resolving a perplexing issue under New York Judiciary Law Section 487, ruling that new and separate lawsuits can be brought against attorneys for fraud on the court even after the prior case in which the alleged fraud occurred has been terminated.

Some background and context is in order.

Read the full blog here.