ALBANY — Resurrecting its aging “special injury” rule, the Court of Appeals held yesterday that a lawyer who was sued by CBS in an effort to undermine his representation of a client cannot recover for malicious prosecution under New York law.
“To be certain, CBS’s actions in bringing a groundless claim for the purposes of creating a conflict [between the lawyer and his client] were reprehensible,” the Court said in a unanimous opinion by Judge Carmen Beauchamp Ciparick. But it said Los Angeles lawyer Donald S. Engel failed to show that CBS’s hardball tactic “actually undermined” his ability to represent his client, a rock singer who ultimately won $6.5 million from CBS in a breach of contract action.
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