United States Second Circuit

The following questions are certified to the New York State Court of Appeals where no New York court has addressed the question of whether an attempted deceit can form the basis for liability under New York Judiciary Law section 487 or proximately cause damages: 1) whether a successful lawsuit for treble damage brought under section 487 can be based on an attempted but unsuccessful deceit upon a court by the defendant; and 2) whether in the course of such a lawsuit, the costs of defending litigation instituted by a complaint containing a material misrepresentation of fact may be treated as the proximate result of the misrepresentation if the court upon which the deceit was attempted at no time acted on the belief that the misrepresentation was true.

Appellate Information

• Decided 08/06/2008
• Published 08/06/2008

Judges

• SACK, Circuit Judge:, Before:  WALKER, CALABRESI, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• William J. Davis, Scheichet & Davis, P.C., New York, NY, for Defendant-Appellant., Richard E. Hahn, Llorca & Hahn LLP, New York, NY, for Plaintiffs-Appellees.