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Amalfitano v. Rosenberg
New York Court of Appeals
903 N.E.2d 265 (2009)
Attorney Armand Rosenberg (defendant) filed an action alleging fraud against Vivia and Gerard Amalfitano (the Amalfitanos) (plaintiffs). Rosenberg included false allegations in the complaint and in a summary-judgment motion and an affidavit submitted to the court. The court dismissed the complaint. Rosenberg submitted the false affidavit to the appellate court. The appellate court reversed. On remand, the trial court again dismissed the complaint. The Amalfitanos sued Rosenberg pursuant to New York Judiciary Law § 487, seeking to recover the costs of defending the lawsuit. The district court concluded that Rosenberg had violated § 487 and awarded the Amalfitanos treble damages. The Second Circuit certified to the New York Court of Appeals the questions of whether (1) a lawsuit for treble damages brought under § 487 may be based on an attempted but unsuccessful deceit and (2) whether the costs of defending litigation instituted by a complaint containing a material misrepresentation may be treated as the proximate result of the misrepresentation if the court did not act on the belief that the misrepresentation was true.
Rule of Law
Holding and Reasoning (Read, J.)
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