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: New York Civil LawUnited States Court of Appeals for the Second Circuit Certifies Two Questions Regarding Attorney Deceit
By Matthew Lerner
The United States Circuit Court of Appeals for the Second Circuit in Amalfitano v. Rosenberg certified the following two questions to the New York State Court of Appeals:
(1) Can a successful lawsuit for treble damages brought under N.Y. Jud. Law § 487 be based on an attempted but unsuccessful deceit upon a court by the defendant? and (2) In the course of such a lawsuit, may the costs of defending litigation instituted by a complaint containing a material misrepresentation of fact be treated as the proximate result of the misrepresentation if the court upon which the deceit was attempted at no time acted on the belief that the misrepresentation was true?
NYCL will keep you apprised on whether the Court accepts or rejects the certified questions.
Full post as published by New York Civil Law on July 20, 2008 (boomark / email).
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