McKinney's Judiciary Law 487 Page 1. Effective:[See Text Amendments]

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1 McKinney's Judiciary Law 487 Page 1 Effective:[See Text Amendments] McKinney's Consolidated Laws of New York Annotated Currentness Judiciary Law (Refs & Annos) Chapter 30. Of the Consolidated Laws Article 15. Attorneys and Counsellors (Refs & Annos) 487. Misconduct by attorneys An attorney or counselor who: 1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or, 2. Wilfully delays his client's suit with a view to his own gain; or, wilfully receives any money or allowance for or on account of any money which he has not laid out, or becomes answerable for, Is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by the penal law, he forfeits to the party injured treble damages, to be recovered in a civil action. CREDIT(S) (Added L.1965, c. 1031, 123.) HISTORICAL AND STATUTORY NOTES L.1965, c legislation Section effective Sept. 1, 1967, pursuant to L.1965, c. 1031, 195. Derivation Penal Law of ; repealed by Penal Law of Said 273 was from Penal Code 148, L.1881, c. 676, and from Code Civ.Proc. 70, 71. CROSS REFERENCES

2 McKinney's Judiciary Law 487 Page 2 Attorney discipline by appellate division, see Judiciary Law 90. Ethical considerations, Code of Prof.Resp., EC 1-1 et seq. NEW YORK CODES, RULES AND REGULATIONS Conduct of attorneys, rules of-- First department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. Fourth department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. Second department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. Third department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. Special rules concerning court decorum-- First department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. Second department, see 22 NYCRR et seq., set out in McKinney's New York Rules of Court Pamphlet [N.Y.Ct.Rules et seq.]. LAW REVIEW AND JOURNAL COMMENTARIES Comparison of New York and Federal sanctions. Norman B. Arnoff and Sue C. Jacobs, 215 N.Y.L.J. 3 (June 11, 1996). Judiciary Law 487: Treble damages against attorneys? Sharon M. Porcellio, 230 N.Y.L.J. 3 (December 17, 2003). LIBRARY REFERENCES Attorney and Client 33, 105, 114. Westlaw Topic No. 45. C.J.S. Attorney and Client 149, 254. RESEARCH REFERENCES ALR Library 9 ALR 6th 285, Allowance of Punitive Damages in Action Against Attorney for Malpractice. 4 ALR 5th 273, Legal Malpractice in Defense of Criminal Prosecution.

3 McKinney's Judiciary Law 487 Page 3 61 ALR 4th 615, Attorney's Liability, to One Other than Immediate Client, for Negligence in Connection With Legal Duties. 77 ALR 1044, Estoppel Against Defense of Limitation in Tort Actions. 98 ALR 267, Test or Criterion of Gross Negligence or Other Misconduct that Will Support Recovery of Exemplary Damages for Bodily Injury or Death Unintentionally Inflicted. 113 ALR 1179, What Amounts to Conviction or Satisfies Requirement as to Showing of Conviction, Within Statute Making Conviction a Ground for Refusing to Grant or for Canceling License or Special Privilege. 154 ALR 501, Attorney's Representation of Parties Adversely Interested as Affecting Judgment or Estoppel in Respect Thereof. Encyclopedias 21 Am. Jur. Proof of Facts 2d 463, Estoppel to Assert Statute of Limitations in Contract Action. 45 Am. Jur. Proof of Facts 2d 699, Amount of Allowance for Attorney Fees in Domestic Relations Action. 4 Am. Jur. Trials 441, Solving Statutes of Limitation Problems. Forms Carmody-Wait, 2d 2:343, Particular Applications. Carmody-Wait, 2d 3:222, Civil Action for Recovery of Treble Damages, Generally. Carmody-Wait, 2d 3:223, Elements of Civil Action. Carmody-Wait, 2d 3:224, Application of Treble Damages Provision. Carmody-Wait, 2d 3:225, Application of Treble Damages Provision--Particular Claims. Carmody-Wait, 2d 3:376, Conduct Involving Dishonesty, Fraud, Deceit, or Misrepresentation. Carmody-Wait, 2d 3:381, Conversion or Misappropriation of Funds; Effect of Reimbursement.

4 McKinney's Judiciary Law 487 Page 4 Carmody-Wait, 2d 13:179, Particular Actions to Recover Upon a Liability Created or Imposed by Statute. Carmody-Wait, 2d 13:265, Discovery or Knowledge of Fraud. Carmody-Wait, 2d 13:426, Notice of Transactions or Occurrences in New Claim. Carmody-Wait, 2d 13:504, Defendant's Conduct as Causing Delay. Carmody-Wait, 2d 29:313, Attorneys--Speculative Allegations. Carmody-Wait, 2d 36:168, Form: Verified Bill of Particulars--Legal Malpractice Action--Attorney Representing Client in Matrimonial Matter. Carmody-Wait, 2d 121:256, Form: Complaint--Shareholders' Derivative Action--Wrongful Benefits and Profits to Directors and Officers--Excessive Compensation to Officer and Payments to Law Firm Representing. McKinney's Forms, Business Corporation Law 8:11, Complaint in Shareholders' Derivative Action; Wrongful Benefits and Profits to Directors and Officers, Etc.; Example 2 (Form: N.Y. Bus. Corp. Law S626). McKinney's Forms, Civil Practice Law & Rules 2:59, Methods of Service of Process, Generally. McKinney's Forms, Civil Practice Law & Rules 4:171, Complaint for Attorney Malpractice, Conversion, and Breach of Contract (Form: CPLR 3011). McKinney's Forms, Civil Practice Law & Rules 12:14, Service. McKinney's Forms, Civil Practice Law & Rules 12:325, Costs and Sanctions for Frivolous Litigation. McKinney's Forms, Estates & Surrogate Prac. 14:236, Affidavit by Defendant Attorney in Support of Notice of Cross-Motion for Summary Judgment Where Trust Beneficiaries Brought Action for Legal Malpractice (Form). McKinney's Forms, Selected Consol. Law, Judiciary Law 487 Form 1, Complaint in Action by Client Against Former Attorney for Legal Malpractice, Conversion, and Treble Damages. McKinney's Forms, Selected Consol. Law, Judiciary Law 487 Form 2, Notice of Motion for Summary Judgment in Action by Client Against Former Attorney for Legal Malpractice, Conversion, and Treble Damages.

5 McKinney's Judiciary Law 487 Page 5 McKinney's Forms, Selected Consol. Law, Judiciary Law 487 Form 3, Affidavit in Support of Motion for Summary Judgment in Action by Client Against Former Attorney for Legal Malpractice, Conversion, and Treble Damages. McKinney's Forms, Selected Consol. Law, Judiciary Law 487 Form 5, Complaint in Action by Clients Against Former Attorneys for Legal Malpractice and Treble Damages. Treatises and Practice Aids New York Pattern Jury Instructions--Civil 3:20, Intentional Torts--Fraud and Deceit. New York Pattern Jury Instructions--Civil 2:152, Malpractice--Attorney. New York Pattern Jury Instructions--Civil 2:278, Damages--Punitive. NY Prac. Comm. Lit. in NY State Courts 16:18, Special Considerations Regarding Finality of Judgments-- Appeals and Collateral Attack. NY Prac. Comm. Lit. in NY State Courts 47:12, Fraud--Breach of Fiduciary Duty. NY Prac. Comm. Lit. in NY State Courts 65:19, Deception; Characterizing Others' Statements and Positions. NOTES OF DECISIONS Aiding and abetting, deceit or collusion 19.5 Bribery, deceit or collusion 13 Civil actions 21 Collateral estoppel 27.7 Collusion 8-19 Complaint 24 Consolidation of actions 22 Construction and application 1 Damage caused, deceit or collusion 10 Deceit or collusion Deceit or collusion - In general 8 Deceit or collusion - Aiding and abetting 19.5 Deceit or collusion - Bribery 13 Deceit or collusion - Damage caused 10 Deceit or collusion - Dismissal 17.3 Deceit or collusion - Egregious conduct 19.7 Deceit or collusion - Fraudulent conveyances 14

6 McKinney's Judiciary Law 487 Page 6 Deceit or collusion - Intent 11 Deceit or collusion - Mortgages 15 Deceit or collusion - Opinion letters 16 Deceit or collusion - Pending judicial proceedings 19.3 Deceit or collusion - Perjury 17 Deceit or collusion - Reliance 9 Deceit or collusion - Settlement of cases 18 Deceit or collusion - Solicitation of unauthorized compensation 19 Deceit or collusion - Use of attorney's name 12 Defenses 25 Degree of misconduct 7 Degree of proof 27 Dismissal, deceit or collusion 17.3 Dismissal, generally 28.5 Egregious conduct, deceit or collusion 19.7 Equitable estoppel 27.9 Federal actions 3 Fraudulent conveyances, deceit or collusion 14 Immunity 26 Indictment or information 23 Injury caused by misconduct 4.5 Intent, deceit or collusion 11 Justiciable controversy 20.5 Liability for partners or associates 6 Limitation of actions 22.5 Mortgages, deceit or collusion 15 Motions for judgment 28 Negligent conduct 3.5 Notary capacity 29 Opinion letters, deceit or collusion 16 Out-of-state activity 2 Pending judicial proceedings, deceit or collusion 19.3 Perjury, deceit or collusion 17 Persons aggrieved by misconduct 4 Persons liable 5 Pleadings or complaint 24 Recovery after pendency of action 29.5 Reliance, deceit or collusion 9 Remedies 30.5 Res judicata 27.5 Sanctions, generally 30 Settlement of cases, deceit or collusion 18 Solicitation of unauthorized compensation, deceit or collusion 19 Standard of proof 27 Statute of limitations 22.5

7 McKinney's Judiciary Law 487 Page 7 Treble damages awards 31 Use of attorney's name, deceit or collusion 12 Willful delay 20.3 Willful retention of client funds Construction and application Under New York's attorney misconduct statute, act of deceit need not occur during a physical appearance in court to support civil action by party injured by attorney's intentional deceit or collusion on court or party to litigation, inasmuch as statute applies to any oral or written statement related to a proceeding and communicated to a court or party with the intent to deceive. Amalfitano v. Rosenberg, C.A.2 (N.Y.)2008, 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26; Attorney And Client 113 A party's civil action, under New York law, against an attorney who is guilty of any collusion, or who consents to any deceit or collusion, with intent to deceive the court or the party, is warranted only where the attorney engaged in a chronic, extreme pattern of legal delinquency. Lipin v. Hunt, 2008, 573 F.Supp.2d 830. Attorney And Client 26 Client's malpractice claim against former attorneys alleging that they had themselves retained by client and they advised client that they were legally competent to prosecute wrongful death action when in fact they were not, failed to state a cause of action under New York statute [N.Y.McKinney's Judiciary Law 487] providing for forfeiture to party injured by attorney's deceit or collusion where statute did not apply extraterritorially, proposed complaint alleged no conduct within borders of New York, and deceit complained of did not occur during pendency of court action. Nardella v. Braff, 1985, 621 F.Supp Attorney And Client 129(2) This section allowing triple damages against an attorney who, at least, is guilty of deceit or collusion was not applicable where counsel's actions rose only to level of extensive overreaching. Newman v. Silver, D.C.N.Y.1982, 553 F.Supp. 485, affirmed in part, vacated in part on other grounds 713 F.2d 14. Attorney And Client 129(4) New York statute providing for trebling of damages awarded in suit against attorney for his deceit or collusion applies only in cases of deceit or collusion by attorney while acting in capacity as attorney. In re Kovler, 2000, 253 B.R Attorney And Client 129(4) Fairly routine fee dispute between attorneys did not implicate the Judiciary Law's concern for curbing and providing redress for attorney overreaching vis a vis clients. Liddle & Robinson v. Shoemaker (1 Dept. 2000) 276 A.D.2d 335, 714 N.Y.S.2d 46. Attorney And Client 130 Even if client could establish that attorney's time records were false and that he was deceived by them, statute providing treble damages for attorney's deceit or collusion was not applicable, where attorney presented item-

8 McKinney's Judiciary Law 487 Page 8 ized statement to client when there was no longer a judicial proceeding pending; statute only applied to wrongful conduct by an attorney in suit actually pending. Henry v. Brenner (2 Dept. 2000) 271 A.D.2d 647, 706 N.Y.S.2d 465. Attorney And Client 129(4) Since attorney was sued in the foreclosure action as trustee, and responded in that capacity, no cause of action could be maintained against him under section of Judiciary Law governing misconduct by attorneys. Haber v. Kisner (1 Dept. 1998) 255 A.D.2d 223, 680 N.Y.S.2d 233. Attorney And Client 129(2) Assertion of unfounded allegations in pleading, even if made for improper purposes, does not provide basis for liability under statute pertaining to misconduct by attorneys. Ticketmaster Corp. v. Lidsky (1 Dept. 1997) 245 A.D.2d 142, 665 N.Y.S.2d 666. Attorney And Client 26 Criminal actions brought against attorney pursuant to attorney misconduct statute, which states that attorney who is guilty of deceit or collusion, or consents to any deceit or collusion with intent to deceive court or party, are limited to situations where attorney was acting as an advocate representing client and not as a witness. People v. Canale (3 Dept. 1997) 240 A.D.2d 839, 658 N.Y.S.2d 715. Attorney And Client 33 Provision of Judiciary Code dealing with misconduct by attorneys intended to deceive court or any party could not serve as basis for claim with regard to affidavit that was created for purpose of filing insurance claim and only produced in subsequent action pursuant to discovery demand. Gelmin v. Quicke (2 Dept. 1996) 224 A.D.2d 481, 638 N.Y.S.2d 132. Attorney And Client 26 Assuming that attorney falsely stated to Civil Court in connection with condominium conversion that building owner had obtained certificate of occupancy for tenant's combined apartment, resulting in dismissal of claim for constructive eviction, tenant's remedy lay exclusively in the prior lawsuit, by moving to vacate civil judgment due to its fraudulent procurement, not a second plenary action collaterally attacking the judgment under statute providing for recovery of treble damages against attorney in connection with deceit against court or party. Yalkowsky v. Century Apartments Associates (1 Dept. 1995) 215 A.D.2d 214, 626 N.Y.S.2d 181. Judgment 509 Law firm's failure to apply for rehearing or to advise client of time limits for making such application did not support claim for legal malpractice; it was apparent from record that firm considered its role to have ended with judgment affirming administrative decision, and there was nothing to indicate that client was adversely affected by firm's failure to act in relation to rehearing since it appeared that client's pro se application for permission to file late application had been granted. Holmberg, Galbraith, Holmberg, Orkin and Bennett v. Koury (3 Dept. 1991) 176 A.D.2d 1045, 575 N.Y.S.2d 192. Attorney And Client 112 Section of Judiciary Law dealing with attorney misconduct is inapplicable where no one attempts to hold attorney criminally liable or to collect treble damages. Matter of Malone (3 Dept. 1984) 105 A.D.2d 455, 480 N.Y.S.2d 603, affirmed 65 N.Y.2d 772, 492 N.Y.S.2d 947, 482 N.E.2d 565. Attorney And Client 39

9 McKinney's Judiciary Law 487 Page 9 Attorney misconduct statute, which provides for both criminal and civil redress against an attorney who engages in deceit or collusion with intent to deceive the court or any party, was not limited in its application only to attorney's conduct in connection with proceedings pending in New York courts; statute contained no such express limitation, and state courts had sufficient interest in supervising conduct of attorneys admitted before its bar and in protecting resident clients who had been harmed by deceit of admitted attorney. Cinao v. Reers, 2010, 27 Misc.3d 195, 893 N.Y.S.2d 851. Attorney and Client 26; Attorney and Client 33; Attorney and Client 114 Statute allowing injured party to recover treble damages from attorney who is guilty of and deception or collusion could apply to single incident of attorney misconduct, where lying under oath is alleged. NYAT. Operating Corp. v. Jackson, Lewis, Schnitzler & Krupman, 2002, 191 Misc.2d 80, 741 N.Y.S.2d 385. Attorney And Client 129(4) Judiciary law section making it a misdemeanor for attorney to intentionally deceive court or any party and allowing recovery of treble damages in civil action for violation of statute did not apply, in plaintiff's action against attorney who issued subpoena in prior litigation to telephone company for plaintiff's telephone records; company was not party to prior action, and plaintiff himself was not party to action when alleged deceit occurred. Greenfield v. Schultz, 1997, 173 Misc.2d 31, 660 N.Y.S.2d 624, affirmed in part, modified in part, vacated in part 251 A.D.2d 67, 673 N.Y.S.2d 684. Attorney And Client 26 Former Penal Law 273, referring to transactions had by an attorney as an attorney does not purport to put an extra liability on a person sued merely because he happens to be admitted to the bar. 216 Garage, Inc. v. Roth, 1958, 12 Misc.2d 1081, 174 N.Y.S.2d 478, dismissal denied 7 A.D.2d 841, 184 N.Y.S.2d 561. Attorney And Client Out-of-state activity This section authorizing recovery of treble damages by any party injured because of deceit practiced on a court by an attorney is inapplicable to acts by attorneys outside New York's territorial borders. Schertenleib v. Traum, C.A.2 (N.Y.)1978, 589 F.2d Attorney And Client 26 Provision of Judiciary Law authorizing recovery of treble damages by any party injured because of deceit practiced on court by attorney is inapplicable to acts by attorneys outside New York's territorial borders. Southern Blvd. Sound, Inc. v. Felix Storch, Inc., 1995, 165 Misc.2d 341, 629 N.Y.S.2d 635, affirmed as modified 167 Misc.2d 731, 643 N.Y.S.2d 882. Attorney And Client Federal actions Court of Appeals would certify to New York Court of Appeals questions of whether successful lawsuit for treble damages brought under New York's attorney misconduct statute could be based on attempted but unsuccessful deceit upon court by defendant and whether, in course of such lawsuit, costs of defending litigation instituted by complaint containing material misrepresentation of fact could be treated as proximate result of misrepresentation

10 McKinney's Judiciary Law 487 Page 10 if court upon which deceit was attempted never acted on belief that misrepresentation was true, given that no New York court had addressed question of whether attempted deceit could form basis for liability or proximately cause damages, question of how to deter attorney misconduct in connection with litigation was important issue for state courts, and certification would resolve action before certifying court. Amalfitano v. Rosenberg, C.A.2 (N.Y.)2008, 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Federal Courts 392 Attorney's alleged conduct in not thoroughly investigating client's ERISA plan and exhausting all administrative remedies prior to filing suit against client's employer, and misusing clients' retainer, were neither indicative of chronic and extreme delinquency nor sufficiently egregious to warrant award of treble damages under New York statute providing for treble damages against attorney for attorney's deceit or collusion. Kirk v. Heppt, 2008, 532 F.Supp.2d 586. Attorney And Client 129(4) Possibility of criminal penalties against attorney who allegedly improperly seized tax certiorari proceeds, which were from recovery of Chapter 7 debtor's real estate taxes, did not divest bankruptcy court of jurisdiction over trustee's adversary proceeding against the attorney, which proceeding was based on same conduct, where trustee commenced action seeking only treble damages under civil remedy of relevant statute, and trustee had not presented criminal complaint against attorney for actions complained of. In re Rosalind Gardens Associates, 1993, 158 B.R. 15. Bankruptcy 2045 Federal jury's deceit and collusion findings in racketeering prosecution of attorneys allegedly responsible for presenting false testimony in personal injury actions against transit authority collaterally estopped the attorneys from relitigating those findings with respect to authority's claims under statute making an attorney who is guilty of deceit or collusion with the intent to deceive the court or a party liable for treble damages. New York City Transit Authority v. Morris J. Eisen, P.C. (1 Dept. 2000) 276 A.D.2d 78, 715 N.Y.S.2d 232, issued 2000 WL Judgment 829(3) State sanctions statute had no application in federal maritime action. Senator Linie GmbH & Co. KG v. Eastern Sunway Line, Inc., 2004, 2004 WL , Unreported. Federal Courts Negligent conduct There was no evidence of chronic and extreme pattern of legal delinquency, as required for client to establish claim against his counsel in medical malpractice action under statute addressing misconduct by attorneys. Dinhofer v. Medical Liability Mut. Ins. Co. (1 Dept. 2012) 92 A.D.3d 480, 938 N.Y.S.2d 525, leave to appeal denied 19 N.Y.3d 812, 951 N.Y.S.2d 722, 976 N.E.2d 251. Attorney and Client Persons aggrieved by misconduct Attorney could not be held liable to plaintiff for breach of contract, absent evidence that attorney acted fraudulently, collusively, maliciously, or tortiously in advising his clients, who allegedly broke their contract with

11 McKinney's Judiciary Law 487 Page 11 plaintiff. Marshel v. Farley (2 Dept. 2005) 21 A.D.3d 935, 800 N.Y.S.2d 760, leave to appeal denied 6 N.Y.3d 710, 813 N.Y.S.2d 46, 846 N.E.2d 477. Attorney And Client 26 Under ordinary circumstances, an attorney who does not represent a party may only be held liable to that party upon a showing of fraud or collusion, or a malicious or tortious act. Marshel v. Farley (2 Dept. 2005) 21 A.D.3d 935, 800 N.Y.S.2d 760, leave to appeal denied 6 N.Y.3d 710, 813 N.Y.S.2d 46, 846 N.E.2d 477. Attorney And Client 26 Generally, absent fraud, collusion, malicious acts or other special circumstances, an attorney is not liable for professional negligence to third parties not in privity. Block v. Brecher, Fishman, Feit, Heller, Rubin & Tannenbaum (1 Dept. 2003) 301 A.D.2d 400, 753 N.Y.S.2d 84, leave to appeal denied 100 N.Y.2d 509, 766 N.Y.S.2d 162, 798 N.E.2d 346. Attorney And Client 26 Absent fraud, collusion, malicious acts, or other special circumstances, attorney is not liable to third parties not in privity, or in relationship approaching privity, for harm caused by professional negligence. Scomello v. Caronia (2 Dept. 1996) 232 A.D.2d 625, 648 N.Y.S.2d 688, leave to appeal dismissed 90 N.Y.2d 922, 664 N.Y.S.2d 257, 686 N.E.2d Attorney And Client 26 An attorney may be held liable to third parties for wrongful acts if guilty of fraud or collusion or of a malicious or tortious act. Kahn v. Crames (3 Dept. 1983) 92 A.D.2d 634, 459 N.Y.S.2d 941. Attorney And Client 26 Although claims of professional malpractice against an attorney usually are barred against those not in privity, attorneys are still liable to non-clients for acts of fraud, collusion, malicious acts, or other special circumstances. New York Cooling Towers, Inc. v. Goidel, 2005, 10 Misc.3d 219, 805 N.Y.S.2d 779. Attorney And Client 26 Former Penal Law 273, providing for treble damages to a party injured by an attorney's intentional deception of court, is not limited to a client damaged by his attorney's deceit. Fields v. Turner, 1955, 1 Misc.2d 679, 147 N.Y.S.2d 542. Attorney And Client Injury caused by misconduct Shareholder tenant in cooperative association failed to allege that he suffered any injury proximately caused by attorneys' deceit or collusion, as required to state claim for attorney misconduct in connection with unauthorized representation of association against environmental violations arising from odors entering shareholder tenant's apartment from restaurant on ground floor of building, which allegedly made apartment uninhabitable and forced shareholder tenant to sell it. Bohn v. 176 W. 87th St. Owners Corp. (1 Dept. 2013) 106 A.D.3d 598, 966 N.Y.S.2d 42. Attorney and Client Persons liable

12 McKinney's Judiciary Law 487 Page 12 Statute providing for treble damages against attorney in connection with deceit against court or party is applicable only to attorneys and cannot extend derivative liability to client. Yalkowsky v. Century Apartments Associates (1 Dept. 1995) 215 A.D.2d 214, 626 N.Y.S.2d 181. Attorney And Client Liability for partners or associates Employer of attorney who engage in deceit or collusion may be held derivatively liable based upon doctrine of respondeat superior. Rudow v. City of New York, 1986, 642 F.Supp. 1456, affirmed 822 F.2d 324. Attorney And Client 102 Attorney's alleged improper conduct in prior action against county and county officers could not serve as basis for imposing liability for damages on law firm of which he was partner where attorney was acting solely in capacity as county attorney in prior action. Muka v. Williamson (3 Dept. 1976) 53 A.D.2d 950, 385 N.Y.S.2d 639. Attorney And Client Degree of misconduct In opponent's action against attorneys under New York law, attorneys' statements regarding their client's opponent did not demonstrate sufficiently egregious misconduct or pattern of extreme legal delinquency intended to deceive to violate statute prohibiting attorneys from engaging in misconduct with intent to deceive, where attorneys asserted claim of malicious prosecution, claimed that opponent had used his knowledge and practice of law to harass client and burden courts with frivolous lawsuits, and stated that opponent's malicious suits against client were killing the child client and opponent had together. O'Callaghan v. Sifre, 2008, 537 F.Supp.2d 594. Attorney And Client 26 There was no evidence of chronic and extreme pattern of legal delinquency, as required to support former clients' claim of attorney misconduct. Cosmetics Plus Group, Ltd. v. Traub (1 Dept. 2013) 105 A.D.3d 134, 960 N.Y.S.2d 388. Attorney and Client 109 This section providing for civil treble damages to client for attorney misconduct should be applied only to chronic, extreme pattern of legal delinquency. Wiggin v. Gordon, 1982, 115 Misc.2d 1071, 455 N.Y.S.2d 205. Attorney And Client 129(4) 8. Deceit or collusion--in general State appellate court's decision to reverse and remand dismissal of client's fraud action arising from sale of partnership property was based upon attorney's deceit in submitting partnership tax returns which he knew erroneously identified client as current partner rather than genuine issue of fact respecting client's membership in partnership, supporting district court's conclusion, in state-court defendants' subsequent action against attorney under New York's attorney misconduct statute, that attorney successfully deceived state appellate court. Amalfitano v. Rosenberg, C.A.2 (N.Y.)2008, 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26

13 McKinney's Judiciary Law 487 Page 13 Attorney's misrepresentations indicating that agreement under which client assigned away his partnership interests was sham and that client remained a partner were material to decision in which state appellate court reversed and remanded trial court's dismissal of client's state fraud action arising from sale of partnership property, based on possibility that client, as partner, had standing to bring claim on his own behalf, supporting district court's conclusion, in state-court defendants' subsequent action against attorney under New York's attorney misconduct statute, that attorney successfully deceived state appellate court, notwithstanding attorney's contention that only partnership had standing to bring fraud action, such that state appellate court should have affirmed dismissal regardless of whether client was partner. Amalfitano v. Rosenberg, C.A.2 (N.Y.)2008, 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26 The alleged deceit forming the basis for a cause of action under New York statute governing misconduct by attorneys, if it is not directed at a court, must occur during the course of a pending judicial proceeding. Musah v. Houslanger & Associates, PLLC, 2013, 2013 WL Attorney and Client 26 Allegedly deceitful statements made by law firm representing assignee of judgment creditor in post-judgment collection documents it sent to debtor's bank did not violate New York statute governing attorney misconduct, where statements were not directed at the court and did not occur during course of a pending judicial proceeding. Musah v. Houslanger & Associates, PLLC, 2013, 2013 WL Attorney and Client 26 United States petroleum corporation's allegations that New York attorney who represented indigenous peoples of Amazonian rain forest in environmental litigation against corporation in the Republic of Ecuador (ROE) engaged in intentional pattern of collusion, wrongdoing, and deceit with intent to deceive both corporation and multiple federal courts, stated claim against attorney under New York statute providing for civil treble damages and criminal sanctions against attorney who was guilty of any deceit or collusion, or consented to any deceit or collusion, with intent to deceive court or any party. Chevron Corp. v. Donziger, 2012, 871 F.Supp.2d 229. Attorney and Client 26 New York statute providing for treble damages for attorneys who are guilty of any deceit or collusion only applies to a chronic, extreme pattern of legal delinquency. Kuruwa v. Meyers, 2011, 823 F.Supp.2d 253, affirmed 512 Fed.Appx. 45, 2013 WL Attorney and Client 129(4) Under New York law as predicted by federal district court, attorney's attempted deceit of court triggers civil liability under deceit or collusion prong of state's attorney misconduct statute; showing of successful deceit of court is not required. Amalfitano v. Rosenberg, 2006, 428 F.Supp.2d 196, question certified 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26 Counsel's failure to disclose to wrongful death client existence of agreement to share contingency fee with another attorney did not violate New York law prohibiting deception of party, absent showing of damages. Sch-

14 McKinney's Judiciary Law 487 Page 14 weizer v. Mulvehill, 2000, 93 F.Supp.2d 376. Attorney And Client 109 Statements made by former employer's attorney to arbitration panel in dispute against former employee that a third-party complaint had been filed against former employee in a related action was true and did not constitute conduct designed to deceive a judicial forum under New York law. Tedeschi v. Smith Barney, Harris Upham & Co., Inc., 1982, 548 F.Supp Federal Civil Procedure 2654 Former sections providing for the forfeiture of treble damages related only to a case where the attorney intended to deceive the court or his client by collusion with his opponent, or by some improper practice, and did not include a transaction antecedent to the commencement of the action; hence an attorney did not render himself liable for a forfeiture of treble damages by advising and causing clients to convey property by means of a partition suit instead of by deed. Looff v. Lawton, 1884, 97 N.Y Former client waived for appellate review her fraud and Judiciary Law claims in action seeking damages for legal malpractice, where claims were raised for first time in surreply. Coleman v. Korn (1 Dept. 2012) 92 A.D.3d 595, 939 N.Y.S.2d 370. Appeal and Error 179(1) Corporate client sufficiently alleged attorney's deceit, a misdemeanor for which treble damages were available, by asserting that attorney knowingly advised and counseled shareholder in violating injunction and in failing to advise other 50% shareholder of sale of all assets, and in failing to move to be relieved as corporation's counsel after shareholder advised him that he was resigning. Rock City Sound, Inc. v. Bashian & Farber, LLP (2 Dept. 2010) 74 A.D.3d 1168, 903 N.Y.S.2d 517, leave to appeal dismissed 16 N.Y.3d 826, 921 N.Y.S.2d 186, 946 N.E.2d 175. Attorney and Client 33 Attorney engaged in intentional deceit in representing his client in underlying action against company, which constituted misconduct under Judiciary Law for purposes of company's subsequent action against attorney. Specialized Indus. Services Corp. v. Carter (2 Dept. 2009) 68 A.D.3d 750, 890 N.Y.S.2d 90. Attorney And Client 26 Company, which was defendant in underlying action, alleged larger fraudulent scheme on part of attorney who represented plaintiff in underlying action, so as to fit within exception to rule that prohibited collateral attack by party who lost case as result of alleged fraud or false testimony, and thus company could maintain its action against attorney under misconduct statute. Specialized Indus. Services Corp. v. Carter (2 Dept. 2009) 68 A.D.3d 750, 890 N.Y.S.2d 90. Attorney And Client 26; Judgment 514 Plaintiff was not subject to Judiciary Law providing for treble damages against an attorney guilty of deceit or collusion with intent to deceive the court or any party, in her action seeking declaration that original living trust, naming her as successor trustee, was in full force, and that all subsequently made appointments, amendments, and affidavits were of no effect because defendant used fraud, duress, and undue influence upon original trustee, where she had been represented by counsel at all stages of the litigation and had not acted in her capacity as an attorney. Oakes v. Muka (3 Dept. 2008) 56 A.D.3d 1057, 868 N.Y.S.2d 796. Attorney And Client 26

15 McKinney's Judiciary Law 487 Page 15 Husband's allegations that his wife's attorneys' filing of qualified domestic relations order (QDRO) in divorce proceeding and repeated assertions that it was submitted on consent constituted a fraud upon the court were utterly refuted by documents submitted by wife's attorneys establishing that husband's attorney of record had been served with the proposed QDRO approximately six weeks prior to its entry, and therefore dismissal of husband's action to recover damages for fraud against his wife's attorneys in their divorce proceeding was warranted on documentary evidence grounds. Curry v. Dollard (2 Dept. 2008) 52 A.D.3d 642, 862 N.Y.S.2d 54, leave to appeal denied 11 N.Y.3d 709, 868 N.Y.S.2d 602, 897 N.E.2d Pretrial Procedure 684 Clients' statutory claim that their bankruptcy attorneys intentionally deceived themand Bankruptcy Court with respect to attorneys' connection with creditor was not barred by doctrines of res judicata or collateral estoppel, since attorneys allegedly deceived Bankruptcy Court as well as clients, and clients claimed that alleged deceit was not revealed until after Bankruptcy Court rendered its determination. Izko Sportswear Co., Inc. v. Flaum (2 Dept. 2006) 25 A.D.3d 534, 809 N.Y.S.2d 119. Judgment 829(3) Civil Court's ruling in civil rights action, that there was no law of the case precluding defendants from pleading collateral estoppel, was not due to any deceit on part of defendants' attorney, where Civil Court was fully briefed on history of case and on plaintiff's claim that there was law of the case in his favor on issue of collateral estoppel. Melnitzky v. Owen (1 Dept. 2005) 19 A.D.3d 201, 796 N.Y.S.2d 612. Courts 189(15) Law firm's alleged concealment of plaintiff's interest in cooperative apartment shares was not a cause of court order distributing such property, and thus could not support fraud claim against firm pursuant to Judiciary Law, where court was made aware of plaintiff's interests prior to distribution of proceeds. Weisman, Celler, Spett & Modlin v. Chadbourne & Parke (1 Dept. 2000) 271 A.D.2d 329, 706 N.Y.S.2d 414, leave to appeal denied 95 N.Y.2d 760, 714 N.Y.S.2d 710, 737 N.E.2d 952. Attorney And Client 26 Attorney's knowingly withholding crucial information from court in client's declaratory judgment to obtain control of estate property, in violation of probate court order and without advising estate, violated statute governing attorney misconduct to recover treble damages. Schindler v. Issler & Schrage, P.C. (1 Dept. 1999) 262 A.D.2d 226, 692 N.Y.S.2d 361, leave to appeal dismissed 94 N.Y.2d 791, 700 N.Y.S.2d 422, 722 N.E.2d 502, reargument denied 94 N.Y.2d 859, 704 N.Y.S.2d 534, 725 N.E.2d Attorney And Client 26 Clients' allegations that law firm deceived them into submitting to genetic testing by intentionally misadvising them that court order required them to do so, subject to imprisonment, falsely advised court clients had consented to be genetically tested and had agreed to settle paternity proceeding in which their son was named as putative father, and colluded with paternity petitioner to have child become son's heir at law, to realize a higher fee in wrongful death action instituted on clients' behalf, stated causes of action for violation of attorney misconduct statute and for fraud. Savattere v. Subin Associates, P.C. (1 Dept. 1999) 261 A.D.2d 236, 690 N.Y.S.2d 229. Attorney And Client 114 Borrower's law firm which paid the proceeds of an insurance settlement for loss to collateral to the borrower rather than the lender was not liable under the statute allowing treble damages for misconduct by attorneys, absent proof that the law firm practiced deceit or collusion with the borrower during a judicial proceeding to which

16 McKinney's Judiciary Law 487 Page 16 the firm was a party. Bank of India v. Weg and Myers, P.C. (1 Dept. 1999) 257 A.D.2d 183, 691 N.Y.S.2d 439, issued 1999 WL Attorney And Client 26 By offering to testify in child custody hearing on behalf of husband that certain information attorney had obtained about wife while acting as her attorney was neither obtained as a confidence nor as a secret, attorney did not violate statute which states that attorney who is guilty of any deceit or collusion, or consents to any deceit or collusion with intent to deceive court or party, is guilty of a misdemeanor; attorney was acting as a witness in his transactions with husband, not as an attorney. People v. Canale (3 Dept. 1997) 240 A.D.2d 839, 658 N.Y.S.2d 715. Attorney And Client 33 Life insurer stated fraud cause of action against law firm representing deceased's widow arising out of failure of widow to agree to autopsy of deceased, and widow's declaratory judgment action seeking declaration that autopsy demand was unreasonable, where there was evidence that embalming certificate issued on date of death in Mexico was a fraud, and that member of firm either knew it then or very shortly thereafter, and, thus, it could be found that declaratory judgment action was a sham designed simply to delay autopsy until unembalmed remains would have sufficiently decomposed to make autopsy worthless. Guardian Life Ins. Co. of America v. Handel (1 Dept. 1993) 190 A.D.2d 57, 596 N.Y.S.2d 804. Attorney And Client 26 Attorneys, who were acting on behalf of their clients, did not violate section of Judiciary Law, providing that attorneys may be held liable for treble damages if they are guilty of any deceit or collusion with intent to deceive court or any party, by representing father and his current wife in various proceedings concerning custody of father's children from prior marriage, visitation with those children, and attempted adoption by father's current wife of father's eldest child; children's mother, who brought action against attorneys, claimed that attorneys knowingly prepared petition and supporting papers in adoption proceeding which falsely represented that mother had abandoned eldest child. Michalic by Nakovics v. Klat (2 Dept. 1987) 128 A.D.2d 505, 512 N.Y.S.2d 436. Attorney And Client 26 Refusal to strike defendants' answer and impose sanctions against counsel was proper in that, due to proximity and time between defendants' motion to vacate notice to depose witness and effective date of amendment to deposition statute, it could not be inferred that defense counsel intentionally deceived court for purpose of delaying plaintiff's action. Bridges v. 725 Riverside Drive, Inc. (2 Dept. 1986) 119 A.D.2d 789, 501 N.Y.S.2d 414. Attorney And Client 24; Pretrial Procedure 225 Under this section providing for cause of action against attorney based upon attorney's engaging in deceit or collusion with intent to deceive plaintiff where deception is directed against court, pending judicial proceeding is not required and it is sufficient if deception relates to prior judicial proceeding or one which may be commenced in future. Singer v. Whitman & Ransom (2 Dept. 1981) 83 A.D.2d 862, 442 N.Y.S.2d 26. Attorney And Client 26 Record established that county attorney was guilty of no deceit in regard to his actions in prior lawsuit brought against county and county officers so as to render him liable for damages. Muka v. Williamson (3 Dept. 1976) 53 A.D.2d 950, 385 N.Y.S.2d 639. District And Prosecuting Attorneys 10

17 McKinney's Judiciary Law 487 Page 17 Reargument of wife's claim that husband's attorney in matrimonial proceedings made misrepresentations to court regarding appointment of husband as temporary receiver of marital home, resulting in additional attorney's fees for wife, was not warranted; court did not misapprehend facts or law in granting attorney's prior motion to dismiss, nor did court improperly rely upon its own analysis or convert motion to one for summary judgment. Dupree v. Voorhees, 2009, 24 Misc.3d 396, 876 N.Y.S.2d 840, reargument denied 25 Misc.3d 451, 883 N.Y.S.2d 454, affirmed as modified 68 A.D.3d 810, 891 N.Y.S.2d 422, leave to appeal denied 15 N.Y.3d 705, 908 N.Y.S.2d 158, 934 N.E.2d 892. Pretrial Procedure Renewal of wife's claim that one of husband's attorneys in matrimonial proceedings made misrepresentations to court on emergency application for immediate appointment of husband as temporary receiver of marital home, resulting in additional attorney fees for wife, was warranted, in light of affidavit of wife's attorney and intervening decision of Court of Appeals. Dupree v. Voorhees, 2009, 24 Misc.3d 396, 876 N.Y.S.2d 840, reargument denied 25 Misc.3d 451, 883 N.Y.S.2d 454, affirmed as modified 68 A.D.3d 810, 891 N.Y.S.2d 422, leave to appeal denied 15 N.Y.3d 705, 908 N.Y.S.2d 158, 934 N.E.2d 892. Motions 42; Motions 44 An attorney cannot be held responsible under attorney misconduct statute for deceit of another attorney, unless the attorney also could be charged as having participated in or having consented to complained-of acts. Dupree v. Voorhees, 2009, 24 Misc.3d 396, 876 N.Y.S.2d 840, reargument denied 25 Misc.3d 451, 883 N.Y.S.2d 454, affirmed as modified 68 A.D.3d 810, 891 N.Y.S.2d 422, leave to appeal denied 15 N.Y.3d 705, 908 N.Y.S.2d 158, 934 N.E.2d 892. Attorney And Client 26 Treble damages for allegedly knowingly acting directly to deceive court in violation of former Penal Law 273 depended on proof of acts which were addressed to court by only attorney defendants and which were other than those allegedly causing basic special or general damages. Dworski v. Empire Discount Corp., 1965, 46 Misc.2d 844, 260 N.Y.S.2d 938. Attorney And Client 26 Former Penal Law 273 providing for treble damages to a party injured by an attorney's intentional deception of a court is not restricted to acts of deceit or collusion committed in the presence of the court. Fields v. Turner, 1955, 1 Misc.2d 679, 147 N.Y.S.2d 542. Attorney And Client Reliance, deceit or collusion Solicitation of accident victims contained deceptive statements and therefore justified imposition of sanctions despite absence of evidence that recipients were actually misled. Matter of Von Wiegen, 1984, 63 N.Y.2d 163, 481 N.Y.S.2d 40, 470 N.E.2d 838, on remand 108 A.D.2d 1012, 485 N.Y.S.2d 399, certiorari denied 105 S.Ct. 2701, 472 U.S. 1007, 86 L.Ed.2d 717. Attorney And Client 38 Transit authority relied upon fraud of attorneys and private investigators when it satisfied personal injury verdict which had been improperly procured through perjured testimony, as element of authority's fraud action against the attorneys and investigators, where there was no non-fabricated support for the last clear chance theory that was articulated basis for the jury's verdict. New York City Transit Authority v. Morris J. Eisen, P.C. (1 Dept. 2000) 276 A.D.2d 78, 715 N.Y.S.2d 232, issued 2000 WL Attorney And Client 26

18 McKinney's Judiciary Law 487 Page 18 Evidence that transit authority settled personal injury action on basis of perjured testimony that exposed it to liability established justifiable reliance in its fraud action against attorneys allegedly responsible for presenting the testimony. New York City Transit Authority v. Morris J. Eisen, P.C. (1 Dept. 2000) 276 A.D.2d 78, 715 N.Y.S.2d 232, issued 2000 WL Attorney And Client Damage caused, deceit or collusion Damages element was satisfied in prevailing fraud defendants' civil action, under deceit or collusion prong of New York attorney misconduct statute, against attorney who had represented fraud plaintiff, since defendants were forced to pay costs of defending themselves against action founded upon deceitful premise; however, recoverable damages did not include costs of litigating attorney's motion to vacate fraud judgment and his appeal of denial of that motion, both of which were based on argument that opposing counsel had had ex parte communications with judge. Amalfitano v. Rosenberg, 2006, 428 F.Supp.2d 196, question certified 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26 In order to successfully maintain civil claim under deceit or collusion prong of New York attorney misconduct statute, plaintiff must establish damages caused by attorney's deceit. Amalfitano v. Rosenberg, 2006, 428 F.Supp.2d 196, question certified 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26 Counsel's alleged misrepresentations to wrongful death client, and to court at hearing to approve settlement agreement, did not violate New York law prohibiting deception of party or court, absent showing of damages. Schweizer v. Mulvehill, 2000, 93 F.Supp.2d 376. Attorney And Client 109 Under New York law, parties to prior litigation could not prevail on fraud claim against opposing counsel based on counsel's alleged withholding of discoverable information in that litigation; parties could not show that any damages they suffered were traceable to alleged fraud of opposing counsel rather than possible negligence of their own attorney. Cresswell v. Sullivan & Cromwell, 1991, 771 F.Supp. 580, affirmed 962 F.2d 2, certiorari denied 112 S.Ct. 3036, 505 U.S. 1222, 120 L.Ed.2d 905. Attorney And Client 26 Attorney was not subject to Judiciary Law provision providing for treble damages against an attorney guilty of deceit or collusion, where attorney's allegedly deceitful conduct occurred while he was a defendant in a malpractice action brought by former clients, and not while acting in his capacity as an attorney. Barrows v. Alexander (4 Dept. 2010) 78 A.D.3d 1693, 912 N.Y.S.2d 831. Attorney and Client 129(4) Former client did not sustain any damages that were proximately caused by attorneys' alleged deception or by alleged chronic, extreme pattern of legal delinquency, precluding former client's recovery of damages pursuant to statute allowing for recovery of damages for attorney deceit or collusion. Boglia v. Greenberg (2 Dept. 2009) 63 A.D.3d 973, 882 N.Y.S.2d 215. Attorney And Client 109; Attorney And Client 114

19 McKinney's Judiciary Law 487 Page 19 Transit authority was entitled to restitution of $1 million it paid pursuant to settlement agreement procured through perjured testimony in personal injury action. New York City Transit Authority v. Morris J. Eisen, P.C. (1 Dept. 2000) 276 A.D.2d 78, 715 N.Y.S.2d 232, issued 2000 WL Attorney And Client 26 Divorced wife was not entitled to recover against husband's attorney for violation of Judiciary Law 487(1) by attorney's deceitful conduct in divorce proceeding; wife failed to show that she was injured as result of attorney's deceitful conduct, inasmuch as expenses she incurred for medical bills, utility costs, maintenance, taxes, and support arrears, were patently result of husband's failure to fulfill his obligations under divorce decree. DiPrima v. DiPrima (2 Dept. 1985) 111 A.D.2d 901, 490 N.Y.S.2d 607. Attorney And Client 26 Additional attorney fees allegedly incurred by wife in matrimonial action, due to misrepresentations allegedly made by husband's attorney, could be sought under statute providing for treble damages against attorney who engaged in deceit; wife was not limited to seeking payment of such fees in underlying matrimonial action. Dupree v. Voorhees, 2009, 24 Misc.3d 396, 876 N.Y.S.2d 840, reargument denied 25 Misc.3d 451, 883 N.Y.S.2d 454, affirmed as modified 68 A.D.3d 810, 891 N.Y.S.2d 422, leave to appeal denied 15 N.Y.3d 705, 908 N.Y.S.2d 158, 934 N.E.2d 892. Attorney And Client 26; Divorce 1141 It is not necessary that an attorney must have made fraudulent representations resulting in damage in order to be guilty of deceit, as under former Penal Code 148 such offense is punishable regardless of the damage. People v. Oishei, 1897, 20 Misc. 163, 45 N.Y.S Intent, deceit or collusion Law firm did not engage in misconduct or mislead court in serving tenant motions regarding post-eviction proceedings at apartment from which tenant had been evicted, and therefore, did not violate New York statute prohibiting attorneys from engaging in deceit or collusion with intent to deceive court or any party; apartment was tenant's last known address, firm's papers indicated tenant had been evicted, and tenant failed to update court with a new address. Stern v. Regency Towers, LLC, 2012, 886 F.Supp.2d 317. Attorney and Client 26 Genuine issue of material fact as to whether attorneys acted with intent to deceive court, willfully delayed client's suits for their own gain, or received money that they did not lay out, precluded summary judgment on client's claim for treble damages for attorneys' alleged misconduct or neglect. Aurora Loan Services, Inc. v. Posner, Posner & Associates, P.C., 2007, 513 F.Supp.2d 18. Federal Civil Procedure 2515 Intent to deceive courts was shown, as required to support prevailing fraud defendants' civil action, under deceit or collusion prong of New York attorney misconduct statute, against attorney who had represented fraud plaintiff, their uncle; fraud suit arose out of family-business dispute, and attorney throughout fraud action contended that uncle was still partner in partnership that owned family's real property, even though he knew from prior representations of uncle that uncle's interest had earlier been terminated via settlement. Amalfitano v. Rosenberg, 2006, 428 F.Supp.2d 196, question certified 533 F.3d 117, certified question accepted 11 N.Y.3d 728, 864 N.Y.S.2d 380, 894 N.E.2d 643, certified question answered 12 N.Y.3d 8, 874 N.Y.S.2d 868, 903 N.E.2d 265, answer to certified question conformed to 572 F.3d 91. Attorney And Client 26

20 McKinney's Judiciary Law 487 Page 20 A cause of action for violation of the Judiciary Law statute related to attorney misconduct is not duplicative of causes of action alleging legal malpractice, since the statutory claim requires an intent to deceive, whereas a legal malpractice claim is based on negligent conduct. Sabalza v. Salgado (1 Dept. 2011) 85 A.D.3d 436, 924 N.Y.S.2d 373. Attorney And Client 129(1); Pleading 64(2) Cause of action for violation of Judiciary Law statute related to attorney misconduct is not duplicative of causes of action alleging legal malpractice, since statutory claim requires an intent to deceive, whereas a legal malpractice claim is based on negligent conduct. Moormann v. Perini & Hoerger (2 Dept. 2009) 65 A.D.3d 1106, 886 N.Y.S.2d 49. Pleading 64(2) Genuine issues of material fact existed as to whether law firm intentionally deceived client, precluding summary judgment in client's cause of action under Judiciary Law statute related to attorney misconduct arising from failure to represent client in vehicle forfeiture proceedings. Moormann v. Perini & Hoerger (2 Dept. 2009) 65 A.D.3d 1106, 886 N.Y.S.2d 49. Judgment 181(16) In a criminal prosecution of an attorney under former Penal Law 273 for practicing a deceit upon the court, it must be shown that he was guilty of an evil intent to deceive it. People ex rel. Brown v. Tighe (2 Dept. 1911) 146 A.D. 491, 131 N.Y.S See, also, People v. Oishei, 1897, 20 Misc. 163, 45 N.Y.S. 49. Even though attorney may have been negligent in taking nearly two years to obtain uncontested divorce on behalf of his alleged clients, wife could not establish any deceit by attorney of kind sufficient to permit award of treble damages pursuant to provision of Judiciary Law, especially in view of wife's admission that, in nearly two years that divorce action was pending, wife never made any inquiry of attorney as to status of action. Frank v. Pepe, 2000, 186 Misc.2d 377, 717 N.Y.S.2d 873. Attorney And Client 129(4) Opposing law firm's alleged mischaracterization of attorney's state claim and request for unnecessary discovery did not violate New York law giving injured party a cause of action against attorney who is guilty of deceit or collusion, absent additional allegations of an intent to deceive the court. Haggerty v. Ciarelli & Dempsey, C.A.2 (N.Y.)2010, 374 Fed.Appx. 92, 2010 WL , Unreported. Attorney and Client Use of attorney's name, deceit or collusion While a professional partnership, such as law firm, whose reputation depends on its members' individual skill, has no good will to be distributed as firm asset on its dissolution, use of firm name, including deceased partners' names, by surviving partners in accordance with local custom and partners' agreement, is not prohibited by statute or legislative policy and, of itself, is neither unethical nor deceitful. Mendelsohn v. Equitable Life Assur. Soc., 1942, 178 Misc. 152, 33 N.Y.S.2d 733, appeal denied 264 A.D. 731, 35 N.Y.S.2d 162. Attorney And Client Bribery, deceit or collusion Client stated claim against attorney for violation of statute regarding attorney misconduct by alleging that attor-

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