In Pari Delicto — party’s wrongful doing — can bar a lawsuit.
“The doctrine of in pari delicto bars a party that has been injured as a result of its own intentional wrongdoing from recovering for those injuries from another party whose equal or lesser fault contributed to the loss (see Kirschner v KPMG, 15 N.Y.3d 446, 912 N.Y.S.2d 508, 938 N.E.2d 941 [2010]; [in pari delicto “mandates that the courts will not intercede to resolve a dispute between two wrongdoers”]; Chemical Bank v. Stahl, 237 A.D.2d 231, 232, 655 N.Y.S.2d 24 [1997] [in pari delicto “requires immoral or unconscionable conduct that makes the wrongdoing of the party against which it is asserted at least equal to that of the party asserting it”]).” Rosenbach v Diversified Group, Inc., 85 AD3d 569, 570 [1st Dept 2011].
