A law firm (firm) sued its real estate broker (broker) for breach of fiduciary duty, fraud, negligent misrepresentation, and professional negligence. The broker asserted counterclaims for fraud and violation of Judiciary Law §487 (§487). The firm moved pursuant to CPLR §§3016, and 3211(a)(7) to dismiss the broker’s counterclaims. The court granted the firm’s motion to dismiss the fraud claim, but denied the motion to dismiss the §487 claim.

The Los Angles based firm was looking to expand in New York City. It hired the broker to help find appropriate space. The broker held itself out as having particular expertise in providing real estate brokerage services to law firms.