March 25, 2021

Fishkin Lucks Prevails Before New York Appellate Division

Fishkin Lucks prevailed on appeal before the New York Appellate Division, First Department, on behalf of its client, a life insurance company.  The appellate victory affirmed a trial court order denying a motion to dismiss the Firm’s clients claims against two New York attorneys for violation of section 487 of New York’s Judiciary Law (concerning deceit in the practice of law), based on allegations that the defendant attorneys had paid a bribe to secure false testimony from a critical fact witness in a previous litigation.  The defendant attorneys argued to the trial court that a release within the agreement settling the underlying action barred the claim.  The Firm successfully opposed that argument, persuading the trial court that the release did not expressly cover unknown and future claims and that only covered claims relating to the substance of underlying action, and not the way that action was litigated.  Following oral argument, the Appellate Division affirmed the trial court’s decision in full.