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R&R CAPITAL LLC v. MERRITT

3639, 604080/05.

78 A.D.3d 533 (2010)

911 N.Y.S.2d 340

R&R CAPITAL LLC et al., Appellants, v. LINDA MERRITT, Respondent. HOGAN & HARTSON, LLP, Intervenor-Appellant.

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

Decided November 18, 2010.

Defendants' proposed new counterclaims alleging a fraud on this Court and a violation of Judiciary Law § 487 plainly lack merit, and therefore should have been rejected (see Thomas Crimmins Contr. Co. v City of New York, 74 N.Y.2d 166, 170 [1989]). Prior decisions of this Court have established law of the case that plaintiffs and their counsel had made no misrepresentations or otherwise acted fraudulently, deceptively,...

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