FKB’s Aaron M. Barham and Alec B. Neimand successfully obtained a pre-answer dismissal of a privacy, copyright, conversion, and intentional infliction of emotional distress complaint on behalf of a court-appointed attorney representing children in an underlying matrimonial litigation.

In this case, the pro se plaintiff alleged that FKB’s client improperly handled various “private and personal” materials as part of a broader matrimonial dispute. The plaintiff asserted claims under multiple legal theories, including conversion, copyright infringement, privacy violations, and infliction of emotional distress. In their CPLR 3211 motion to dismiss, FKB successfully argued that the plaintiff’s specious claims lacked merit, as the alleged conduct did not meet the legal standards required to sustain the claims. The court adopted FKB’s arguments in full and dismissed all claims against their client with prejudice.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Aaron M. Barham or Alec Neimand.