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Chianese v. Fabiani

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2000
269 A.D.2d 141 (N.Y. App. Div. 2000)

Opinion

February 3, 2000

Order, Supreme Court, New York County (Emily Goodman, J.), entered May 5, 1999, which, in an action under Judiciary Law § 487, granted so much of defendants' motion as sought to dismiss the complaint for failure to state a cause of action, and denied so much of defendants' motion as sought sanctions against plaintiff's attorney for instituting a frivolous lawsuit, unanimously affirmed, with costs to defendants payable by plaintiff.

Jonathan I. Edelstein, for plaintiff-appellant-respondent.

Robert P. Stein, for defendants-respondents-appellants.

NARDELLI, J.P., TOM, LERNER, RUBIN, SAXE, JJ.


The action, which alleges that defendants knowingly submitted a false and/or forged affidavit in support of a motion for summary judgment made by their landlord client in a personal injury action that plaintiff brought alleging inadequate building security (Chianese v. Werner Meier, 246 A.D.2d 328,lv dismissed 92 N.Y.2d 876), was properly dismissed as unjustifiably based upon the credibility of a convicted felon with an established record of making contradictory statements. No weight can be given to the felon's fluctuating accounts of how he gained entry to the building, or what he said to the parties' investigators and why he said it. We have considered and rejected defendants' arguments on its cross appeal.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Chianese v. Fabiani

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2000
269 A.D.2d 141 (N.Y. App. Div. 2000)
Case details for

Chianese v. Fabiani

Case Details

Full title:JOSEPHINE CHIANESE, Plaintiff-Appellant-Respondent, v. JOHN FABIANI, et…

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

Date published: Feb 3, 2000

Citations

269 A.D.2d 141 (N.Y. App. Div. 2000)
703 N.Y.S.2d 9

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