Monthly Archives: February 2012

Judiciary Law § 487 – Increase in claims asserted and dismissed

By Victor M. Metsch


Recently reported cases reveal a current surge of claims against attorneys for violation of Judiciary Law § 487.

Judiciary Law § 487 provides that:

“[a]n attorney or counselor who:…[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party…[i]s 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.”

In Amalfitano v. Rosenberg, 12 N.Y.3d 8, 903 874 N.Y.S.2d 868 (2009), the Court of Appeals was asked to answer the following certified question from the Second Circuit:  “Can a successful lawsuit for treble damages brought under N.Y. Jud. Law § 487 be based on an attempted but unsuccessful deceit?” Continue reading