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NEHMADI v. CLAUDE CASTRO & ASSOC. PLLC

Index No. 157845/20. Appeal No. 15758. Case No. 2021-01378.

204 A.D.3d 544 (2022)

164 N.Y.S.3d 824

2022 NY Slip Op 02629

Behzad Nehmadi, Also Known as Ben Nehmadi, Appellant, v. Claude Castro & Associates PLLC et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2022.

Attorney(s) appearing for the Case

Starr Associates LLP, New York (David William Tyler, of counsel) for appellant.

Claude Castro, respondent pro se.

Law Office of D. Paul Martin PLLC, New York (D. Paul Martin, of counsel) for Claude Castro & Associates Pllc, respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

The court correctly dismissed plaintiff's Judiciary Law § 487 claim with prejudice where plaintiff failed to allege the elements of a cause of action under the statute, i.e., intentional deceit and damages proximately caused by the deceit (see Judiciary Law § 487; Facebook, Inc. v DLA Piper LLP [US], 134 A.D.3d 610, 615 [1st Dept 2015], lv denied

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