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LABMD, INC. v. BUCHANAN

Docket No. 160929/18. Appeal No. 14125-14125A. Case No. 2020-00014. 2020-02649.

195 A.D.3d 553 (2021)

146 N.Y.S.3d 476

2021 NY Slip Op 04084

LabMD, Inc., et al., Appellants, v. Mary Beth Buchanan et al., Respondents.

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

Decided June 24, 2021.

Attorney(s) appearing for the Case

Mandelbaum Salsburg P.C., New York ( Joel G. MacMull of counsel), for appellants.

Frankfurt Kurnit Klein & Selz, P.C., New York ( Ronald C. Minkoff of counsel), for respondents.

Concur—Gische, J.P., Webber, Oing, González, JJ.

Despite their characterization in the amended complaint, plaintiffs' claims all sound in subornation of perjury in the prior litigation with the FTC. Such claims are not permitted in a subsequent plenary action (Serrante v Moses & Singer LLP, 137 A.D.3d 697 [1st Dept 2016]).

Plaintiffs' claim under Judiciary Law § 487 was properly dismissed because the conduct alleged...

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