Neumann v. Tuccio

2009 WL 2506357 (2009)

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Nature of the Case

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Facts

P is a real estate agent for Neumann Real Estate, LLC. Tuccio (D) is a developer-builder in the construction industry. D initiated a slander lawsuit against P. Prior to serving the complaint D had information, from an alleged witness, that the allegations in the complaint were incorrect. P alleges that D 'forwarded a copy of his proposed complaint to Robert Tuccio, Jr., his alleged witness, and received numerous communications from Robert that the allegations of the complaint were incorrect, and that the statements which were alleged in the complaint to have been made by Harry Neumann, Jr. were never in fact made.' D's action went to trial, where the court granted P's motion for a directed verdict, as the defendant had failed to establish a prima facie case. P now seeks damages from D's vexatious litigation. P filed a motion to amend the complaint to include D's corporation and D's attorney, as defendants in this case. The court denied each motion. D, represented by Williams filed an answer and raised the special defense of advice of counsel. P then filed a motion to disqualify Williams and his law firm as they will be necessary witnesses. D contends that his counsel should not be disqualified because he would suffer prejudice as a result, and P should have known that D would assert the advice of special counsel defense as it is commonly used in vexatious litigation suits.