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JAMES L. MELCHER, plf-res, v. GREENBERG TRAURIG, LLP def-ap

8207. JAMES L. MELCHER, plf-res, v. GREENBERG TRAURIG, LLP def-ap — Simpson Thacher & Bartlett LLP, New York (Roy L. Reardon of counsel), for ap — Jeffrey A. Jannuzzo, New York, for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 14, 2011, which denied defendants' motion to dismiss the complaint on statute of limitations grounds, reversed on the law, without costs, the motion granted and the amended complaint dismissed in its entirety. The Clerk is directed to enter judgment accordingly.

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8207. JAMES L. MELCHER, plf-res, v. GREENBERG TRAURIG, LLP def-ap — Simpson Thacher & Bartlett LLP, New York (Roy L. Reardon of counsel), for ap — Jeffrey A. Jannuzzo, New York, for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 14, 2011, which denied defendants’ motion to dismiss the complaint on statute of limitations grounds, reversed on the law, without costs, the motion granted and the amended complaint dismissed in its entirety. The Clerk is directed to enter judgment accordingly.

This action was commenced on June 25, 2007. Plaintiff’s sole cause of action is based on Judiciary Law §487, which provides for an award of treble damages to an injured party where an attorney “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party…” At all relevant times, defendant Greenberg Traurig, LLP (GT) and Leslie Corwin, a partner therein, were the attorneys for Apollo Medical Fund Management L.L.C. and its principal, Brandon Fradd, in an action that plaintiff brought against them in 2003 (the Apollo Management action). Plaintiff brought the Apollo Management action to recover his membership share of profits under Apollo’s 1998 operating agreement.

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