FKB’s Aaron M. Barham and Asher Kest obtained a pre-answer dismissal of a malpractice, fraud and Judiciary Law 487 complaint on behalf of an NYC matrimonial law firm who represented the plaintiff’s ex-spouse in an ongoing underlying matrimonial litigation.

In this case, the pro se plaintiff – himself a practicing litigation defense attorney– commenced an action in Kings County Supreme Court alleging that FKB’s client engaged in “fraudulent billing practices” as a collateral attack on legal fee and child support awards issued in favor of FKB’s client in the underlying matrimonial litigation.  In their CPLR 3211 motion to dismiss, FKB successfully argued that there was no factual or legal support for the plaintiff’s improper claims, and further argued that the plaintiff’s vexatious conduct warranted costs and sanctions.

If you have any questions about this decision, please contact Aaron M. Barham or Asher Kest.