Clerico v. Pollak
SUPREME COURT QUEENS COUNTY
Torts – 10/27/2011
Pardalis & Nohavicka, LLP represent Plaintiffs in this action. They allege that Plaintiff’s were defrauded by their attorneys during the sale and subsequent flip of a property owned by Plaintiffs.
Peknic and O’Sullivan moved for dismissal of plaintiffs’ complaint for conversion and common law fraud, arguing the complaint failed to state a cause of action against them. Plaintiffs retained Pollak & Slepian to represent them as sellers of real property, selling the property to Tatiana Bell Corp.
They alleged Pollak was an officer of Tatiana and sold the property on the same day as plaintiffs’ closing to O’Sullivan, who was represented by Peknic. Plaintiffs argued defendants perpetrated a fraud by failing to tell them of the second sale, and depriving them of the nearly $200,000 difference in price.
The court stated, accepting the allegations in the complaint as true, and determining only if they fit within any cognizable legal theory, it found plaintiffs sufficiently stated a cause of action for fraud. It noted the allegation of a failure to disclose material facts regarding the flip sale was pleaded with sufficient detail as to clearly inform defendants regarding the allegedly fraudulent real estate transactions complained of, including the role of moving defendants.
Thus, O’Sullivan’s and Peknic’s motion to dismiss was denied.