Colon v. Miltenberg et al
Michele Colon |
Andrew T. Miltenberg, Marco A Santori and Nesenoff Miltenberg Goddard Laskowitz, LLP |
1:2016cv06938 |
September 2, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Katherine B. Forrest |
Other Personal Injury |
28 U.S.C. ยง 1332 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 10 OPINION & ORDER: Plaintiff failed to respond to the Court's October 13, 2016 order. The Second Circuit has held that New York Judiciary Law § 487 does not [] apply to acts by attorneys outside New Yorks territorial borders. Schertenleib v. Traum, 589 F.2d 1156, 1166 (2d Cir. 1978); see also Amalfitano v. Rosenberg, 533 F.3d 117, 123 ("Section 487 thus permits a civil action to be maintained by any party who is injured by an attorney's intentional deceit or collusion in New Y ork on a court or on any party to litigation....") (emphasis added). As noted in the Court's previous order, the alleged actions by defendants, as plead in the complaint, occurred outside of New York before a New Jersey court. (See ECF Nos. 1, 9.) Accordingly, this action is hereby DISMISSED without prejudice for failure to state a claim. The Clerk of Court is directed to terminate this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 12/07/2016) (ama) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.