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NEHMADI v. CLAUDE CASTRO & ASSOC. PLLC

Index No. 157845/20. Appeal No. 15758. Case No. 2021-01378.

204 A.D.3d 544 (2022)

164 N.Y.S.3d 824

2022 NY Slip Op 02629

Behzad Nehmadi, Also Known as Ben Nehmadi, Appellant, v. Claude Castro & Associates PLLC et al., Respondents.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Starr Associates LLP, New York ( David William Tyler , of counsel) for appellant.

Claude Castro, respondent pro se.

Law Office of D. Paul Martin PLLC, New York ( D. Paul Martin , of counsel) for Claude Castro & Associates Pllc, respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

The court correctly dismissed plaintiff's Judiciary Law § 487 claim with prejudice where plaintiff failed to allege the elements of a cause of action under the statute, i.e., intentional deceit and damages proximately caused by the deceit (see Judiciary Law § 487; Facebook, Inc. v DLA Piper LLP [US], 134 A.D.3d 610, 615 [1st Dept 2015], lv denied

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