Cramer v. Englert
Cramer v. Englert
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant Morris Cramer (“Cramer”) appeals from a judgment of
In 1982, Cramer sold his bowling alley, “Bowlers Club,” to an entity that went bankrupt before paying off the purchase money debt. Cramer v. Englert, 262 A.D.2d 827, 692 N.Y.S.2d 212, 212 (N.Y.App.Div. 1999) (“Cramer I”). The attorneys who represented Cramer in the transaction, Eugene Spada and Martin Lazarow, evidently failed to perfect a security interest in the business assets. Id. at 828, 692 N.Y.S.2d 212. Cramer then retained attorneys Dennis Englert and Michael Kelley Maggs of Englert, Stillman, Coffey, McHugh & Maggs, Esqs. (collectively, “Englert”) to bring a malpractice suit against Spada and Lazarow, id.; Cramer lost his suit, chiefly because he could not show that he would have been able to realize the security interest, see Cramer v. Spada, 203 A.D.2d 739, 610 N.Y.S.2d 662, 663-64 (N.Y.App.Div. 1994). Cramer next sued Englert for malpractice. Cramer I, 692 N.Y.2d at 213. In that action, Englert was represented by Alvin O. Sabo of Donohue, Sabo, Varley & Armstrong, P.C. (collectively, “Sabo”). On December 15, 1999, the New York State Supreme Court entered a judgment in favor of Englert; the judgment was affirmed. See Cramer v. Englert, 289 A.D.2d 617, 734 N.Y.S.2d 275 (N.Y.App.Div. 2001) (“Cramer II”).
The underlying § 1983 action is filed against, inter alia, Englert and Sabo, alleging various constitutional torts. As the district court rightly held, however, Cram-er has failed to explain how the conduct of the attorneys named in this suit — only some of whom actually represented Cram-er in the private litigations described above — constitutes “state action”; nor has Cramer identified any “specific deprivation of rights” worked by Englert’s representation of Cramer (or, for that matter, Sabo’s representation of Englert). Absent credible allegations of state action and a deprivation of constitutional rights, Cramer cannot state a cognizable claim for relief under § 1983. See, e.g., Tancredi v. Metro. Life Ins. Co., 316 F.3d 308, 312-313 (2d Cir. 2003), cert. denied, 539 U.S. 942, 123 S.Ct. 2610, 156 L.Ed.2d 628 (2003) (explaining the state action requirement); Davidson v. Mann, 129 F.3d 700, 701 (2d Cir. 1997) (requiring specificity as to deprivation of constitutional rights); Dahlberg v. Becker, 748 F.2d 85, 92-93 (2d Cir. 1984) (noting that the “mere invocation” of New York legal procedures does not satisfy the “state actor” requirement under § 1983).
For the reasons set forth above, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- Morris CRAMER v. Dennis M. ENGLERT Michael Kelly Maggs Englert, Stillman, Coffey, Mchugh & Maggs Alvin O. Sabo Donohue, Sabo, Varley & Armstrong, P.C. Michael Jude O'Connor, Esq.
- Cited By
- 3 cases
- Status
- Published