Solow Management Corp. v Richard C. Seltzer

Solow Mgt. Corp. v Seltzer 2005 NY Slip Op 04335 [18 AD3d 399] May 31, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

Solow Management Corp., Appellant,
v
Richard C. Seltzer, Respondent.

—[*1]

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered December 6, 2004, which, upon the prior grant of defendant's motion pursuant to CPLR 3211, dismissed the complaint, unanimously affirmed, with costs.

Contrary to plaintiff's arguments, the complaint sets forth but one arguable misrepresentation by defendant and accordingly does not allege a cognizable claim under Judiciary Law § 487, which provides recourse only where there is a chronic and extreme pattern of legal delinquency (see Jaroslawicz v Cohen, 12 AD3d 160 [2004]; Havell v Islam, 292 AD2d 210 [2002]). Concur—Andrias, J.P., Friedman, Marlow, Nardelli and Williams, JJ.