Fraud claims against Proskauer Rose stemming from a tax shelter scheme it helped sell to the heirs of the Johnson & Johnson fortune will survive a motion to dismiss, the Appellate Division, First Department, ruled Thursday.
A unanimous panel, in an opinion written by Justice Angela Mazzarelli, affirmed a ruling by Manhattan Commercial Division Acting Justice Lawrence Marks, who dismissed legal malpractice claims against Proskauer on statute of limitations grounds but allowed the fraud and punitive damages claims to proceed.
