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CG&P Secures Dismissal of Legal Malpractice, Malicious Prosecution and Civil Rights Claims

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CG&P Secures Dismissal of Legal Malpractice, Malicious Prosecution and Civil Rights Claims

CG&P secured a pre-answer dismissal of two U.S. District Court actions alleging both federal and state law claims of negligence, malicious prosecution, false arrest and fraud. The plaintiffs sought damages against CG&P’s client, who was the attorney for an adverse party in an unrelated civil litigation. The Court granted CG&P’s motions to dismiss both complaints with prejudice, finding that the 42 U.S.C. §1983 claims could not proceed against a non-state actor, and that each of plaintiffs remaining state claims were either factually insufficient or not recognized under New York State law. The case was handled by CG&P Partner Gary Petropoulos and Associate William Schleifer.