Continuing to review the 2016 Judiciary Law § 487 Cases:

Titan Capital ID, LLC v Eshaghpour  2016 NY Slip Op 31925(U)  October 13, 2016
Supreme Court, New York County  Docket Number: 650128/2016  Judge: O. Peter Sherwood

On Oral Argument the JL 487 was withdrawn on consent

 

M.T. Packaging, Inc. v Fung Kai Hoo  2016 NY Slip Op 32155(U)  October 21, 2016
Supreme Court, New York County  Docket Number: 652579/2014  Judge: Cynthia S. Kern severed the cause of action for Judiciary Law § 487.  “The relevant facts are as follows. Beginning in or around February 2008 and continuing until approximately July 2009, M.T. purchased and received packaging and bags manufactured and sold by VNK’s that allegedly contained levels of lead and chromium that exceeded the legal limits, despite the execution of an allegedly fraudulent certificate of compliance by defendant Fung Kai Hoo (“Hoo”), an officer ofVN K’s. On or about July 10, 2012, K’s International Polybags Mfg. Ltd. (“K’s”) commenced an action against M.T. asserting causes of action for breach of contract, quantum meruit and an account stated based on M.T.’s nonpayment of invoices for the packaging and bags (the “related action”). On or about August 20, 2014, M.T. commenced the instant action asserting causes of action for fraud against Hoo and VN K’s in connection with the sale of packaging and bags. Maidenbaum represents K’s in the related action and represents Hoo and VN K’s in the instant action. By a decision and order of the court dated June 23, 2016, the court granted M.T.’s motion to amend its complaint to add a cause of action for the violation of Judiciary Law§ 487(1) against Maidenbaum premised on Maidenbaum’s alleged misconduct in its representation of K’s in the related action and of Hoo and VNK’s in the instant action. Specifically, plaintiff alleges that Maidenbaum engaged in deceitful conduct by withholding documents, including documents that allegedly controverted its client’s claim, during discovery in the related action and submitting perjurious affidavits of Hoo stating that he only travelled to New York to attend a deposition.”