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First Department Unanimously Affirms Dismissal in Wrongful Death Action

Order –

The First Department Appellate Division unanimously affirmed the dismissal of a wrongful death action argued by Fleischman Bonner & Rocco, LLP Partner Keith M. Fleischman in Tamara M. Harris v. Bernice L. Harris, et al., Index No. 23875/18E, Case No. 2020-03593. The decision, affirming an earlier FBR LLP victory before the Hon. Howard H. Sherman (ret.) in Bronx County Supreme Court, found that the plaintiff’s complaint “did not purport to state a claim for breach of fiduciary duty,” and that plaintiff’s attempts to raise one on appeal “was improper.” The Appellate Court further affirmed that “[t]he wrongful death claim was correctly dismissed for failure to sufficiently allege that defendants’ purported misconduct caused the decedent’s death,” and further stated “[t]he claim fail[ed] to sufficiently allege bad faith so as to remove defendants’ conduct from the protection of Public Health Law 2986(2).”

Tue Mar 1, 12:00pm