MAZEL 315 W. 35TH LLC v. 315 W. 35TH ASSOC. LLC

12967, 652627/11

120 A.D.3d 1106 (2014)

992 N.Y.S.2d 402

2014 NY Slip Op 06252

MAZEL 315 WEST 35TH LLC, Respondent, v. 315 W. 35TH ASSOCIATES LLC et al., Defendants, and JON LEFKOWITZ, Appellant.

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

Decided September 23, 2014.


Defendant failed to demonstrate that the Judiciary Law § 487 cause of action has no merit. Plaintiff's evidence showing that defendant presented false assignment documents for recordation in the City Register and sent a letter to the justice stating falsely that his client was the true owner of the notes and mortgages establishes an egregious act of intentional deceit of the court sufficient to support the cause of action (see Kurman v Schnapp,

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