District court judgment is affirmed where: 1) the New York Court of Appeals determined that N.Y. Jud. Law sec. 487 permits the award of treble damages for an attempted deceit of the New York courts; 2) thus, the district court correctly assumed that defendant committed actionable fraud for purposes of sec. 487 from the commencement of the litigation at which time defendant was merely attempting to deceive and had not yet successfully deceived the Appellate Division into reversing a default judgment, and correctly assumed that the fraud was a proximate cause of the defendants' incurring legal fees to defend against the entire litigation.
Appeal from the United States District Court for the Southern District of New York.
Argued: September 6, 2007
Decided: July 14, 2009
Before: WALKER, CALABRESI, and SACK, Circuit Judges.
Per Curium Opinion
For Defendant: William J. David, Scheichet & Davis, P.C.