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Real Estate Fraud Litigation
Summary
New York law prohibits double recovery for the same damages. Judiciary Law §487 allows treble damages for attorney deceit. If deceit caused $1.9M in damages, it can serve as a baseline for treble damages ($5.7M). GOL §15-108 may offset the base damages but not the treble portion or distinct harms like legal fees. Consult a local attorney for case-specific advice.Full Conversation
MN
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A little background. Somehow the deceitful, collusive attorneys for a plaintiff who did not even have standing to bring an action in the first place - its lack of standing being based on the statutory defects in a POA and consequent invalidity of a trust purporting to be the owner were able to push through a closing on real property despite a validly recorded active Notice of Pendency. The underwriter for the buyer was Old Republic.
It sounds like you're dealing with a complex real estate dispute involving claims of fraud, lack of standing, and potential issues with a property transfer despite a Notice of Pendency. To clarify:
- Are you seeking advice about challenging the property sale or pursuing legal action against the attorneys, buyer, or underwriter?
- Is this issue already in court or under litigation?
- Are you seeking advice about challenging the property sale or pursuing legal action against the attorneys, buyer, or underwriter?
- Is this issue already in court or under litigation?
I had a discussion with Gemini around the intersection between GOL §*-* and Judiciary Law §* as follows:
The "Double Recovery" Guardrail
New York law generally prohibits double recovery. If you collect $*.9M from the underwriter for the loss of the property, you cannot then sue the attorneys for that same $*.9M in direct damages. You could, however, sue them for the treble portion ($*.8M extra) and for the legal fees/consequential damages incurred because of their deceit."
"You were worried that GOL §*-* would zero out your claim. Here is the mathematical reality of a §* suit after an Old Republic settlement:
Total Trebled Verdict: Let's say a jury finds your damages were $*.9M. Under §*, that automatically becomes $*.7M."
Is Gemini's analysis accurate?
Case Rating: *
Gemini's analysis appears to align with some principles under New York law, but it simplifies complex legal nuances that are highly fact-specific. Here's a breakdown:
- Double Recovery: New York law generally prohibits double recovery for the same damages, so you cannot recover the same $*.9M twice (e.g., once from Old Republic and once from the attorneys). This principle is accurate.
- Judiciary Law §*: This statute allows for treble damages if an attorney intentionally deceives or commits fraud. Treble damages would apply to the damages proven to a jury, but only for harm caused by the deceitful conduct—not duplicative of the $*.9M already compensated by Old Republic.
- GOL §*-*: This section reduces claims against other tortfeasors by the amount paid in a settlement. Whether it fully or partially offsets your §* claim depends on whether the deceit damages are distinct from the property loss compensated by Old Republic.
The analysis is plausible, but actual outcomes depend on how damages are characterized. A lawyer could better assess whether a §*-* offset would apply in your case.
Gemini's analysis appears to align with some principles under New York law, but it simplifies complex legal nuances that are highly fact-specific. Here's a breakdown:
- Double Recovery: New York law generally prohibits double recovery for the same damages, so you cannot recover the same $*.9M twice (e.g., once from Old Republic and once from the attorneys). This principle is accurate.
- Judiciary Law §*: This statute allows for treble damages if an attorney intentionally deceives or commits fraud. Treble damages would apply to the damages proven to a jury, but only for harm caused by the deceitful conduct—not duplicative of the $*.9M already compensated by Old Republic.
- GOL §*-*: This section reduces claims against other tortfeasors by the amount paid in a settlement. Whether it fully or partially offsets your §* claim depends on whether the deceit damages are distinct from the property loss compensated by Old Republic.
The analysis is plausible, but actual outcomes depend on how damages are characterized. A lawyer could better assess whether a §*-* offset would apply in your case.
If the Old Republic settlement came to $*.9M, why then would a jury need to find that my damages were $*.9M?
Case Rating: *
The jury would need to determine your damages to establish the baseline for calculating treble damages under Judiciary Law §*. If deceit caused $*.9M in damages, that figure is trebled to $*.7M. The settlement with Old Republic may offset the base damages but not the treble portion.
The jury would need to determine your damages to establish the baseline for calculating treble damages under Judiciary Law §*. If deceit caused $*.9M in damages, that figure is trebled to $*.7M. The settlement with Old Republic may offset the base damages but not the treble portion.
So, given that New York law generally prohibits double recovery for the same damages such that I cannot recover the same $*.9M twice, if I can prove to a judge and or jury that the deceitful, collusive actions of the buyer's and seller's attorneys caused the $*.9M in damages, the fact that it was already compensated by Old Republic would not alter its validity as a base damages figure for GOL §*-* purposes in my Judiciary Law §* claims?
Case Rating: *
If you prove that the attorneys' deceit directly caused $*.9M in damages, that amount can serve as the baseline for Judiciary Law §* treble damages ($*.7M total). The Old Republic settlement may offset the $*.9M base but not the treble damages or other distinct harms like legal fees or consequential damages.
If you prove that the attorneys' deceit directly caused $*.9M in damages, that amount can serve as the baseline for Judiciary Law §* treble damages ($*.7M total). The Old Republic settlement may offset the $*.9M base but not the treble damages or other distinct harms like legal fees or consequential damages.
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