FKB’s Spencer A. Richards and Rahni Stewart successfully obtained a CPLR § 3211 dismissal of claims of slander of title and fraud on behalf of an attorney acting as a notary. The plaintiff alleged slander of title and fraud against FKB’s client on the grounds that FKB’s client had colluded to cast doubt on the validity of plaintiff’s title to property and subsequently defraud plaintiff of his property rights. In a successful CPLR § 3211 motion to dismiss, FKB argued that plaintiff claims lacked legal and factual support, highlighting that claims for slander of title and fraud have heightened pleading standards requiring claims to be alleged with particularity and with a showing of intent and malice. The Hon. Aaron D. Maslow (Kings County, Supreme Court) agreed with FKB’s argument and dismissed the claims against FKB’s client.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Spencer A. Richards or Rahni Stewart.