Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

ARNOLD v. GRANT

Appellate Division of the Supreme Court of New York, First Department.
Jan 30, 2007
Important Paras
Please sign up to view Important Paras.

Plaintiff, who is also the plaintiff in a divorce matter in which his wife is represented by defendants herein, failed to support his pleading of a cause of action under Judiciary Law § 487 with allegations that adverse court rulings in the matrimonial action were based on acts of deceit by defendant attorneys ( see Melnitzky v Owen, 19 AD3d 201), or allegations pleading the required elements of fraud ( see Manna Fuel Oil Corp. v Ades, 14 AD3d 666), including detrimental reliance ( see New York City Tr. Auth. v Morris J. Eisen, P.C., 276 AD2d 78, 86). The failure to plead detrimental reliance is also fatal to plaintiffs cause of action for notary liability under Executive Law § 135 ( Rastelli v Gassman, 231 AD2d 507, 508), which, in any event, is pleaded in conclusory terms without any specificity.

We have reviewed plaintiff's remaining arguments and find them without merit.