We continue with the cases:
7. Neroni v Follender 2016 NY Slip Op 01527 [137 AD3d 1336] March 3, 2016 Appellate Division, Third Department is the story of a defendant who was sued and lost, then turned around and sued the plaintiffs and their attorneys not unlike a poster-child for the principle of privity. It is, and has always been, the judiciary’s fear that relaxing rules in legal malpractice would lead to wholesale suit after suit. Here, the plaintiff was eventually enjoined from filing any other suits.
8. Manhattan Sports Rests. of Am., LLC v Lieu 2016 NY Slip Op 01617 [137 AD3d 504]
March 8, 2016 Appellate Division, First Department Defendant might have said that she did not want “ghetto people from the Bronx” in the restaurant, and may have kept the restaurant from moving its perishable foods out of the building, and she may have been an attorney, but the affidavits she submitted were those of a fact witness, not an attorney, and were not susceptible of JL 487.
9. Lipin v Hunt 2016 NY Slip Op 01746 [137 AD3d 518] March 10, 2016 Appellate Division, First Department. Perhaps a little too energetic in bringing actions, Plaintiff was enjoined from commencing more cases. The material upon which the JL 487 claims was based was “absolutely privileged.” Query: are deceitful utterances made in litigation always absolutely privileged?