Civil Conspiracy Not an Independent Cause of Action in NY, Court Says in Dismissal of Russian Lawyer's Claim Against Fordham
A unanimous Appellate Division, First Department panel wrote both that "bare, conclusory allegations" underlay that action and that "New York does not recognize an independent cause of action for civil conspiracy, which may only be asserted to connect actions of separate defendants to an underlying tort."
April 07, 2020 at 06:57 PM
3 minute read
A "civil conspiracy" lawsuit brought by a man who was a lawyer in Russia against Fordham University and multiple United States-based attorneys has been tossed out, with regard to various defendants, by a state appeals court that explained that New York State doesn't have an independent civil conspiracy cause of action.
A unanimous Appellate Division, First Department panel, in affirming the dismissal with prejudice of the lawsuit as lodged against Fordham University, Fordham staff member Anthony Agolia, The Schutzer Group law firm and attorney Rickin Desai, wrote both that "bare, conclusory allegations" underlay the action and that "New York does not recognize an independent cause of action for civil conspiracy, which may only be asserted to connect actions of separate defendants to an underlying tort."
The LinkedIn profile for lawsuit plaintiff Aleks Kovkov—who is listed in the panel's opinion as a pro se appellant—indicates that he practiced law in Russia for many years and that in 2018 he received an L.L.M. in banking, corporate and finance law from Fordham University School of Law.
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