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Hyams v. Mehlman

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 586 (N.Y. App. Div. 1989)

Opinion

March 20, 1989

Appeal from the Supreme Court, Nassau County (Christ, J.).


Ordered that the order is affirmed, with costs.

Generally, the merits of a proposed pleading amendment will not be examined unless palpably insufficient as a matter of law (see, Casey v. State of New York, 119 A.D.2d 363). At bar, the plaintiff was acting as the attorney for the Federal Deposit Insurance Corporation when he negotiated the escrow arrangement at issue in this case. Consequently, a violation of Judiciary Law § 487 may be asserted as a legitimate counterclaim (cf., Northern Trust Bank v. Coleman, 632 F. Supp. 648). Contrary to the plaintiff's contention, the counterclaim is not based solely on unfounded allegations in the complaint (cf., Thomas v Chamberlain, D'Amanda, Oppenheimer Greenfield, 115 A.D.2d 999, appeal dismissed 67 N.Y.2d 1005). Thus we conclude that the proposed counterclaim was not palpably insufficient as a matter of law (see, Casey v. State of New York, supra).

We have examined the plaintiff's remaining contentions, and find them to be without merit. Mollen, P.J., Mangano, Thompson and Rubin, JJ., concur.


Summaries of

Hyams v. Mehlman

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 586 (N.Y. App. Div. 1989)
Case details for

Hyams v. Mehlman

Case Details

Full title:IRA L. HYAMS, Appellant, v. GEORGE MEHLMAN, Respondent, et al., Defendants

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

Date published: Mar 20, 1989

Citations

148 A.D.2d 586 (N.Y. App. Div. 1989)

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