Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
37 New York opinions name it 4 courts 1982–2026 5 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gumarova v. Law Offices of Paul A. Boronow, P.C.green2 sentences2026"Since Judiciary Law § 487 authorizes an award of damages only to 'the party injured,' an injury to the plaintiff resulting from the alleged deceitful conduct of the defendant attorney is an essential element of a cause of action based on a violation of that statute" ( Gumarova v Law Offs. of Paul A. Boronow, P.C. , 129 AD3d 911, 911 [internal quotation marks omitted]). 2023"Since Judiciary Law § 487 authorizes an award of damages only to 'the party injured,' an injury to the plaintiff resulting from the alleged deceitful conduct of the defendant attorney is an essential element of a cause of action based on a violation of that statute" ( Gumarova v Law Offs. of Paul A. Boronow, P.C. , 129 AD3d 911, 911 [internal quotation marks omitted]). | 3 | 4 |
Amalfitano v. Rosenberggreen2 sentences2021Judiciary Law § 487 permits recovery of treble damages in a civil action against an attorney who intentionally deceives the court or a party during the pendency of a judicial proceeding ( see Beshara v Little , 215 AD2d 823, 823 [1995]; see generally Amalfitano v Rosenberg , 12 NY3d 8, 14 [2009]). 2020Our Court concluded that the defendant’s alleged unsuccessful representation did not foreclose plaintiffs’ subsequent statutory action for attorney deceit because “recovery of treble damages under Judiciary Law § 487 does not depend upon the court’s belief in a material misrepresentation of fact in a complaint” (Amalfitano, 12 NY3d at 15 ). | 2 | 5 |
United States Trust Co. v. Bamco 18green2 sentences2014A cause of action against a partnership for breach of contract does not lie against the individual partners absent an allegation that the partnership is insolvent or otherwise unable to pay its obligations (see United States Trust Co. of N.Y. v Bamco 18, 183 AD2d 549, 550-551 [1st Dept 1993]). 2014A cause of action against a partnership for breach of contract does not lie against the individual partners absent an allegation that the partnership is insolvent or otherwise unable to pay its obligations (see United States Trust Co. of N.Y. v Bamco 18, 183 AD2d 549, 550-551 [1st Dept 1993]). | 2 | 2 |
Sargiss v. Magarelligreen2 sentences2013An action seeking damages under Judiciary Law § 487 must be commenced within the longer of three years from the time of the underlying deceit or collusion or within two years from the time the deceit or collusion was discovered, or with reasonable diligence, could have been discovered (CPLR 214 [2]; see CPLR 203 [g]; cf. Sargiss v Magarelli, 12 NY3d 527, 532 [2009]). 2013An action seeking damages under Judiciary Law § 487 must be commenced within the longer of three years from the time of the underlying deceit or collusion or within two years from the time the deceit or collusion was discovered, or with reasonable diligence, could have been discovered (CPLR 214 [2]; see CPLR 203 [g]; cf. Sargiss v Magarelli, 12 NY3d 527, 532 [2009]). | 2 | 2 |
Walker v. Sheldongreen2 sentences2009Similarly, the court erred in denying that part of the motion with respect to the claim for punitive damages because plaintiffs failed to “allege conduct that was directed to the general public or that evinced the requisite ‘high degree of moral turpitude’ or ‘wanton dishonesty’ ” (Williams v Coppola, 23 AD3d 1012, 1013 [2005], lv dismissed 7 NY3d 741 [2006], quoting Walker v Sheldon, 10 NY2d 401, 405 [1961]). 1996However, the Supreme Court properly applied the three-year malpractice Statute of Limitations to the plaintiffs claims for treble damages pursuant to Judiciary Law § 487, and punitive damages, since such damages are not designed to compensate a plaintiff for injury to property or pecuniary interests, and are not customarily recoverable in a breach of contract action (see, Santulli v Englert, Reilly & McHugh, supra; see also, Walker v Sheldon, 10 NY2d 401, 404 ; Garrity v Lyle Stuart, Inc., 40 NY2d 354 ). | 2 | 2 |
Jorgensen v. Silvermangreen2 sentences2010Such an award of treble damages under section 487 is punitive in nature (see Amalfitano v Rosenberg, 12 NY3d 8, 12-15 [2009]; Jorgensen v Silverman, 224 AD2d 665 [1996]; see generally Cox v Microsoft Corp., 290 AD2d 206, 207 [2002], lv dismissed 98 NY2d 728 [2002]), and “New York public policy precludes insurance indemnification for punitive damage awards” (Home Ins. 2010Such an award of treble damages under section 487 is punitive in nature (see Amalfitano v Rosenberg, 12 NY3d 8, 12-15 [2009]; Jorgensen v Silverman, 224 AD2d 665 [1996]; see generally Cox v Microsoft Corp., 290 AD2d 206, 207 [2002], lv dismissed 98 NY2d 728 [2002]), and “New York public policy precludes insurance indemnification for punitive damage awards” (Home Ins. | 1 | 2 |
Joseph v. Fenstermangreen1 sentence2026"Allegations regarding an act of deceit or intent to deceive must be stated with particularity" ( Bill Birds, Inc. v Stein Law Firm, P.C. , 164 AD3d 635 , 637, affd 35 NY3d 173 ; see Joseph v Fensterman , 204 AD3d 766, 767 ). | 1 | 1 |
Lavelle-Tomko v. Aswad & Ingrahamgreen1 sentence2021As relevant here, "Judiciary Law § 487 permits recovery of treble damages in a civil action against an attorney who intentionally deceives the court or a party during the pendency of a judicial proceeding" ( Lavelle-Tomko v Aswad & Ingraham , 191 AD3d 1142, 1147 [2021]) or who "[w]illfully delays his [or her] client's suit with a view to his [or her] own gain" (Judiciary Law § 487 [2]). | 1 | 1 |
Beshara v. Littlegreen1 sentence2021Judiciary Law § 487 permits recovery of treble damages in a civil action against an attorney who intentionally deceives the court or a party during the pendency of a judicial proceeding ( see Beshara v Little , 215 AD2d 823, 823 [1995]; see generally Amalfitano v Rosenberg , 12 NY3d 8, 14 [2009]). | 1 | 1 |
Melcher v. Greenberg Traurig, LLPgreen1 sentence2020As our precedents establish, an attorney -1- may be liable for common-law fraud against a client, but when the conduct includes deceit on the court or a party in a pending lawsuit, the attorney is separately guilty of a misdemeanor and liable for enhanced civil damages under Judiciary Law § 487 (see Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 15 [2014]; see also Judiciary Law § 487). | 1 | 1 |
Hansen v. Caffrygreen1 sentence2011The claim for treble damages pursuant to Judiciary Law § 487 fails to state a cause of action because the conduct of which plaintiff complains did not occur in the course of a pending action (see Hansen v Caffry, 280 AD2d 704, 705 [2001], lv denied 97 NY2d 603 [2001]). | 1 | 1 |
Cox v. Microsoft Corp.green2 sentences2010Such an award of treble damages under section 487 is punitive in nature (see Amalfitano v Rosenberg, 12 NY3d 8, 12-15 [2009]; Jorgensen v Silverman, 224 AD2d 665 [1996]; see generally Cox v Microsoft Corp., 290 AD2d 206, 207 [2002], lv dismissed 98 NY2d 728 [2002]), and “New York public policy precludes insurance indemnification for punitive damage awards” (Home Ins. 2010Such an award of treble damages under section 487 is punitive in nature (see Amalfitano v Rosenberg, 12 NY3d 8, 12-15 [2009]; Jorgensen v Silverman, 224 AD2d 665 [1996]; see generally Cox v Microsoft Corp., 290 AD2d 206, 207 [2002], lv dismissed 98 NY2d 728 [2002]), and “New York public policy precludes insurance indemnification for punitive damage awards” (Home Ins. | 1 | 1 |
During v. City of New Rochellegreen1 sentence2010Due to the defendant’s failure to timely challenge the plaintiffs disclosure demands, this Court is limited to considering whether the requested material was privileged or whether the request was palpably improper (see During v City of New Rochelle, N.Y., 55 AD3d 533, 534 [2008]). | 1 | 1 |
Shefa Unlimited, Inc. v. Amsterdamgreen1 sentence2010(See Shefa Unlimited, Inc. v Amsterdam & Lewinter, 49 AD3d 521, 522 [2d Dept 2008].) In the Second Department, a claim for treble damages pursuant to Judiciary Law § 487 is governed by the “three-year malpractice Statute of Limitations” found in CPLR 214 (6). | 1 | 1 |
Williams v. Coppolagreen1 sentence2009Similarly, the court erred in denying that part of the motion with respect to the claim for punitive damages because plaintiffs failed to “allege conduct that was directed to the general public or that evinced the requisite ‘high degree of moral turpitude’ or ‘wanton dishonesty’ ” (Williams v Coppola, 23 AD3d 1012, 1013 [2005], lv dismissed 7 NY3d 741 [2006], quoting Walker v Sheldon, 10 NY2d 401, 405 [1961]). | 1 | 1 |
Costalas v. Amalfitanogreen1 sentence2008Moreover, they have no viable cause of action for treble damages under Judiciary Law § 487, since defendants’ purported deceit did not occur during the course of a pending judicial proceeding (see Costalas v Amalfitano, 305 AD2d 202, 203-204 [2003]). | 1 | 1 |
People v. Canalegreen1 sentence2008This provision, however, applies to an attorney acting in his or her capacity as an attorney, not to a party who is represented by counsel and who, incidentally, is an attorney (see People v Canale, 240 AD2d 839, 841 [1997]). | 1 | 1 |
| Liddle & Robinson v. Shoemakergreen | 1 | 1 |
Telemark Construction Inc. v. Francis Fleetwood & Associatesgreen1 sentence2005We vacate the award of sanctions and remand for further proceedings as against appellant, since appellant was not given a reasonable opportunity to be heard (22 NYCRR 130-1.1 [d]; see Telemark Constr. v Fleetwood & Assoc., 236 AD2d 462 [1997]). | 1 | 1 |
Alvarez v. Prospect Hospitalgreen1 sentence2005Contrary to the plaintiff’s contention, the Supreme Court properly denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). | 1 | 1 |
| Pellegrino v. Filegreen | 1 | 1 |
| Stanski v. Ezerskygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bankers Trust Co. v. Cerrato
green
2 sentences1996Furthermore, on the merits, the statute has no application here, since the wrongful conduct asserted by plaintiffs occurred either when there was no longer a pending judicial proceeding or before such a proceeding commenced (Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 AD2d 384 ; Singer v Whitman & Ransom, 83 AD2d 862 ). 1995It is well established that in order for a plaintiff to assert a claim for treble damages pursuant to Judiciary Law § 487, an attorney’s alleged deceit must have occurred during a pending judicial proceeding in which the plaintiff was a party (see, e.g., Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 AD2d 384, 386 ). | 2 | 1995–1996 |
Singer v. Whitman & Ransom
green
2 sentences1996Furthermore, on the merits, the statute has no application here, since the wrongful conduct asserted by plaintiffs occurred either when there was no longer a pending judicial proceeding or before such a proceeding commenced (Bankers Trust Co. v Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 AD2d 384 ; Singer v Whitman & Ransom, 83 AD2d 862 ). 1992The court properly struck the claim for treble damages pursuant to Judiciary Law § 487, as the alleged deceit did not occur during a pending judicial proceeding in which plaintiff was a party (Singer v Whitman & Ransom, 83 AD2d 862, 863 ). | 2 | 1992–1996 |
Bill Birds v. Stein Law Firm
green
1 sentence2026"Allegations regarding an act of deceit or intent to deceive must be stated with particularity" ( Bill Birds, Inc. v Stein Law Firm, P.C. , 164 AD3d 635 , 637, affd 35 NY3d 173 ; see Joseph v Fensterman , 204 AD3d 766, 767 ). | 1 | 2026–2026 |
Wiener v. Weintraub
green
1 sentence2022In an order dated December 10, 2019, the Supreme Court, inter alia, granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint on the ground that the defendant's filing of ethics complaints was absolutely privileged ( see Wiener v Weintraub , 22 NY2d 330, 331-332 ). | 1 | 2022–2022 |
Jean v. Chinitz
green
1 sentence2021The claim must be pleaded with particularity and allege "intentional deceit and damages proximately caused by the deceit" ( Jean v Chinitz , 163 AD3d 497 , 497 [2018]). | 1 | 2021–2021 |
Klein v. Rieff
green
1 sentence2018Accordingly, although injury to the plaintiff is an essential element of a Judiciary Law § 487 cause of action seeking civil damages ( see Klein v Rieff, 135 AD3d 910, 913 ; Gumarova v Law Offs. of Paul A. Boronow, P.C., 129 AD3d at 911 ), "recovery of treble damages under Judiciary Law § 487 does not depend upon the court's belief in a material misrepresentation of fact in a complaint" ( Amalfitano v Rosenberg, 12 NY3d at 15 ). | 1 | 2018–2018 |
Amalfitano v. Rosenberg
green
1 sentence2009Certified Question No. 2 “In the course of such a lawsuit, may the costs of defending litigation instituted by a complaint containing a material misrepresentation of fact be treated as the proximate result of the misrepresentation if the court upon which the deceit was at *15 tempted at no time acted on the belief that the misrepresentation was true?” ( 533 F3d at 126 .) In light of our answer to the first question, recovery of treble damages under Judiciary Law § 487 does not depend upon the court’s belief in a material misrepresentation of fact in a complaint. | 1 | 2009–2009 |
Markard v. Bloom
green
1 sentence2005Plaintiffs also failed to establish a chronic or extreme pattern of legal delinquency that would warrant civil relief and the imposition of treble damages pursuant to Judiciary Law § 487 (Markard v Bloom, 4 AD3d 128 [2004], lv denied 2 NY3d 706 [2004]). | 1 | 2005–2005 |
Markard v. Bloom
neutral
1 sentence2005Plaintiffs also failed to establish a chronic or extreme pattern of legal delinquency that would warrant civil relief and the imposition of treble damages pursuant to Judiciary Law § 487 (Markard v Bloom, 4 AD3d 128 [2004], lv denied 2 NY3d 706 [2004]). | 1 | 2005–2005 |
Gotay v. Breitbart
neutral
1 sentence2005Clarification granted to the extent of deeming motion as one for reargument, and upon reargument, the decision and order of this Court entered herein on October 12, 2004 ( 11 AD3d 273 ) is hereby recalled and vacated. | 1 | 2005–2005 |
Zuckerman v. City of New York
green
1 sentence2005Contrary to the plaintiff’s contention, the Supreme Court properly denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). | 1 | 2005–2005 |
| Estate of Steinberg v. Harmon green | 1 | 2004–2004 |
| Havell v. Islam green | 1 | 2004–2004 |
| Poley v. Sony Music Entertainment, Inc. green | 1 | 2004–2004 |
| Delulio v. 320-57 Corp. green | 1 | 2004–2004 |
| Reno v. . Bull green | 1 | 2000–2000 |
| Lama Holding Co. v. Smith Barney Inc. green | 1 | 2000–2000 |
| Manna v. Ades green | 1 | 2000–2000 |
| Bridges v. 725 Riverside Drive, Inc. green | 1 | 1996–1996 |
| Santulli v. Englert, Reilly & McHugh, P. C. green | 1 | 1996–1996 |
| Wiggin v. Gordon green | 1 | 1996–1996 |
| Garrity v. Lyle Stuart, Inc. green | 1 | 1996–1996 |
| Kleeman v. Rheingold green | 1 | 1994–1994 |
| Guardian Life Insurance Co. of America v. Handel green | 1 | 1994–1994 |
| Fields v. Turner green | 1 | 1982–1982 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.