Husband’s Appeal To Bring Suit Against Former Wife’s Attorney Seeking To Recover Damages For Fraud And Breach Of Fiduciary Duty Denied

The Supreme Court, Appellate Division, Second Department recently upheld the lower court’s decision to deny a husband’s action against an attorney, in which the attorney represented his former wife in a divorce action, seeking to recover damages for fraud and breach of fiduciary duty.  The husband alleged that the attorney advised his former wife to conceal funds in retirement accounts and bank accounts prior to the wife’s commencement of the divorce action.  The Second Department held that, the lower court was within its discretion to deny the husband’s motion for leave to enter a default judgment and that the husband failed to state viable claims for fraud and breach of fiduciary duty against the attorney.   Hense v. Baxter
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