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CURTIS v. SCHERER

261 A.D.2d 158 (1999)

689 N.Y.S.2d 99

THOMAS M. CURTIS, Appellant, v. MARTIN W. SCHERER et al., Respondents.

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

Decided May 6, 1999.

Plaintiff's remedy, if any, for the alleged fraud by defendant law firms and attorneys in obtaining an adjournment of the trial of plaintiff's prior action against defendants' clients "lies exclusively in that lawsuit itself * * * not a second plenary action" (Yalkowsky v Century Apts. Assocs., 215 A.D.2d 214, 215). The principle that a separate action based on a claim of fraud allegedly perpetrated in litigation will lie "where...

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