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DeMARTINO v. ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA & WOLF, LLP

2017-08411. Index No. 14174/15.

189 A.D.3d 774 (2020)

137 N.Y.S.3d 116

2020 NY Slip Op 07163

Franco A. DeMartino, Appellant, v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, et al., Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Gail M. Blasie , P.C., Garden City, NY, for appellant.

Law Office of Steven Cohn, P.C., Carle Place, NY ( Peter Chatzinoff of counsel), for respondents.

Chambers, J.P., Roman, Miller and Duffy, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for breach of fiduciary duty, fraud/"fraud on the court," violation of Judiciary Law § 487, conversion, aiding and abetting conversion, aiding and abetting fraud, and prima facie tort. The causes of action were based on allegations of various intentional misconduct by the defendants in their legal representation of a certain executor and/or estate in a probate...

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