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Fortress Credit Corp., et al., Plaintiffs-Respondents v. Ruskin Moscou Faltischek P.C.

New York Supreme and/or Appellate Courts Appellate Division, First Department


May 22, 2012

FORTRESS CREDIT CORP., ET AL., PLAINTIFFS-RESPONDENTS,
v.
RUSKIN MOSCOU FALTISCHEK P.C., DEFENDANT-APPELLANT.

Fortress Credit Corp. v Ruskin Moscou Faltischek P.C.

Decided on May 22, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Sweeny, Renwick, Freedman, Abdus-Salaam, JJ.

Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 29, 2011, which denied defendant's motion to dismiss the complaint, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

For the reasons stated in Fortress Credit Corp. v Dechert LLP (89 AD3d 615 [2011]) -- a case involving virtually identical facts and allegations -- the complaint in this action fails to state claims for fraud, legal malpractice, negligence, negligent misrepresentation, and breach of fiduciary duty. Plaintiffs have not distinguished this case from Dechert and there has been no change in the law to warrant reexamination of the issues (see NAMA Holdings, LLC v Greenberg Traurig, LLP, 92 AD3d 614 [2012]; compare George Campbell Painting v National Union Fire Ins. Co. of Pittsburgh, PA, 92 AD3d 104, 105-106 [2012]).

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

ENTERED: MAY 22, 2012

CLERK

20120522

© 1992-2012 VersusLaw Inc.



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