MAZZOCCHI v. GILBERT

154922/18-1579. 11771.

185 A.D.3d 438 (2020)

124 N.Y.S.3d 791

2020 NY Slip Op 03843

Frank Mazzocchi, Appellant, v. Vivienne Gilbert, Esq., et al., Respondents.

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

Decided July 9, 2020.


Plaintiff fails to state a cause of action for violation of Judiciary Law § 487(1) against defendants Berkowitz, Gilbert, and Lazarus because he does not allege that they acted as counsel of record in any legal proceeding to which he was a party (see Sun Graphics Corp. v Levy, Davis & Maher, LLP, 94 A.D.3d 669, 669 [1st Dept 2012]; Siller v Third Brevoort Corp., 145 A.D.3d 595,...

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