Bryant v. Silverman et al

Filing 76

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION re: 25 FIRST MOTION to Dismiss Amended Complaint And For Summary Judgment. filed by Patrick J Monaghan Jr, Esq. For the foregoing reasons, the Court ADOPTS Magistrate Judge Pitman&# 039;s R&R in its entirety. Accordingly, the Court (1) DISMISSES Plaintiff's claims alleging common law fraud, violation of N.Y. Judiciary Law § 487, and fraud on the court for failure to satisfy the heightened pleading requirements of Fed. R. Civ. P. 9(b); (2) GRANTS summary judgment dismissing Plaintiffs legal malpractice claim to the extent the claim is predicated on (a) Monaghan's alleged failure to discover and inform Plaintiff and the courts that KBA had not been r enamed K&B and (b) Monaghan's alleged withholding of documents after Monaghan withdrew from representing Plaintiff in connection with the 2000 N.Y.S. Action; and (3) DENIES Monaghan's motion in all other respects. In light of Plaintiff� 39;s pro se status and the fact that dismissal of her common law fraud, violation of N.Y. Judiciary Law § 487, and fraud on the court claims is based on her failure to allege these claims in the proper form, Plaintiff is afforded one final op portunity to attempt to state these claims properly. Plaintiff has until April 7, 2017 to file a Second Amended Complaint. The reference to Magistrate Judge Pitman is continued. The Clerk of Court is directed to terminate all pending motions in this case. (Signed by Judge Paul A. Crotty on 3/6/2017) Copies Mailed By Chambers. (kgo)