Santostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department had claims for both legal malpractice and violation of judiciary law 487. We reviewed the “speculative” nature of the legal malpractice claims previously. The Judiciary Law claims got but a short analysis with no real illuminating detail.
“In April 2018, the plaintiff commenced this action against the defendants, Zabell & Associates, P.C., and Saul Zabell, a partner at the firm (hereinafter together the defendants), inter alia, to recover damages for legal malpractice arising out of the defendants’ representation of him at a hearing on charges brought against him by his employer, The Middle Country Central School District (hereinafter the underlying proceeding). The plaintiff alleged, among other things, that the defendants negligently advised the plaintiff to settle the underlying proceeding. The defendants moved for summary judgment dismissing the complaint. The plaintiff opposed. In an order dated April 27, 2022, the Supreme Court granted the defendants’ motion. The plaintiff appeals.”
“In addition, the Supreme Court properly granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging violation of Judiciary Law § 487. Judiciary Law § 487 imposes civil liability on any attorney who “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive . . . any party.” Here, the defendants established, prima facie, that they did not engage in any deceit or collusion with the intent to deceive the plaintiff (see Bill Birds, Inc. v Stein Law Firm, P.C., 35 NY3d 173, 179; Garanin v Hiatt, 239 AD3d 710, 711-712). In opposition, the plaintiff failed to raise a triable issue of fact.”
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