The SACS Litigation/Appellate Strategy & Advocacy Group at the Forefront in Eliminating Non-Viable Causes of Action in CVA Cases

Justice George Silver, who is presiding over all CVA cases in the City of New York, has issued his first decisions passing on the viability of causes of action in these cases by substantially granting our motions to dismiss several causes of action on behalf of our client.

In two CPLR 3211 motions primarily briefed by Robert M. Ortiz, Nicholas Tam, Jeremy S. Rosof and Lena Holubnyczyj with argument by Robert M. Ortiz, the Court agreed with our positions and dismissed five of seven causes of action asserted in each case, specifically, for Breach of Fiduciary Duty, Breach of Non-Delegable Duty, Negligent Infliction of Emotional Distress, Breach of Duty in Loco Parentis, and Breach of a Statutory Duty Pursuant to New York Social Services Law §§ 413 and 420 to report abuse.

In a third CVA case, we were successful on another CPLR 3211 motion to dismiss, primarily briefed by Robert M. Ortiz and Jeremy S. Rosof; argument by Robert M. Ortiz, where Justice Silver granted the branches of our motion to dismiss causes of action for Constructive Fraud and Civil Conspiracy to Commit Fraud.

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