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SCHNUR v. BALESTRIERE

Index No. 160095/18. Appeal No. 16283-16283A. Case Nos. 2021-03128, 2021-03129.

208 A.D.3d 1117 (2022)

175 N.Y.S.3d 50

2022 NY Slip Op 05297

Yifat V. Schnur et al., Appellants, v. John G. Balestriere et al., Respondents, et al., Defendants.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Schlam & Dolan LLP, New York ( Seth D. Allen of counsel), for appellants.

L'Abbate, Balkan, Colavita & Contini LLP, Melville ( William T. McCarffery of counsel), for John G. Balestriere, Jillian L. McNeil, Matthew W. Schmidt, Brian L. Grossman, Jin Lee, Balestriere Fariello and Balestriere LLC, respondents.

Furman Kornfeld & Brennan LLP, New York ( Rachel Aghassi of counsel), for Jeremy Saland and Crotty Saland P.C., respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.

Order, same court and Justice, entered on or about February 4, 2021, which denied plaintiffs' motion for a default judgment against defendant Katrina Rico a/k/a Stephanie Caldwell, unanimously affirmed, without costs.

The Judiciary Law § 487 claim against Balestriere should not have been dismissed. Although "unfounded" allegations are not actionable under Judiciary Law § 487, deliberate misrepresentations are (see Amalfitano v Rosenberg,

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