THOMAS v. CHAMBERLAIN, D'AMANDA, OPPENHEIMER & GREENFIELD


115 A.D.2d 999 (1985)

Howard S. Thomas, Jr., et al., Respondents-Appellants, v. Chamberlain, D'Amanda, Oppenheimer & Greenfield, et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1985


Order unanimously modified, on the law, to grant defendants' motion to dismiss the fourth cause of action and, as modified, affirmed, without costs.

Memorandum:

Plaintiffs' claim pursuant to Judiciary Law § 487 should have been dismissed for failure to state a cause of action. Assertion of unfounded allegations in a pleading, even if made for improper purposes, does not provide a basis for liability under...

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