New York Consolidated Laws

N.Y. Judiciary Law § 487 (2026)

Misconduct by attorneys

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 563 cases (151 in the last 5 years), 1982–2026 · leading case: Gorbatov v. Tsirelman, 2017 NY Slip Op 7979 (N.Y. App. Div. 2017).

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Gorbatov v. Tsirelman, 2017 NY Slip Op 7979 (N.Y. App. Div. 2017). · cites it 6× “The plaintiffs commenced this action against the defendants asserting causes of action to recover damages for legal malpractice, violation of Judiciary Law § 487, and unjust enrichment, and seeking accountings.”

Melcher v. Greenberg Traurig LLP, 135 A.D.3d 547 (N.Y. App. Div. 2016). · cites it 9× “), entered May 19, 2015, which, insofar as appealed from, denied defendants’ cross motion for summary judgment dismissing the complaint alleging a violation of Judiciary Law § 487, unanimously affirmed, with costs.”

Sykes v. Mel S. Harris & Assocs. LLC, 780 F.3d 70 (2d Cir. 2015). · cites it 4× “[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with the intent to deceive the court or any party .”

Tulino v. Hiller, P.C., 2022 NY Slip Op 01197 (N.Y. App. Div. 2022). · cites it 8× “DECISION & ORDER In an action, inter alia, to recover damages for legal malpractice, breach of contract, and violation of Judiciary Law § 487, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kathy J.”

Mokay v. Mokay, 124 A.D.3d 1097 (N.Y. App. Div. 2015). · cites it 4× “When Mokay refused to convey the parcels, plaintiffs commenced this action against Mokay and defendant alleging, insofar as is relevant here, that defendant engaged in fraud and collusion and, further, violated Judiciary Law § 487. After decedent’s estate was added as a party,…”

Klein v. Rieff, 135 A.D.3d 910 (N.Y. App. Div. 2016). · cites it 8× “*911 In an action, inter alia, to recover damages for legal malpractice, fraudulent misrepresentation, and a violation of Judiciary Law § 487, the plaintiff appeals, as limited by his brief, (1) from so much of an order of the Supreme Court, Kings County (Rothenberg, J.”

Joseph v. Fensterman, 2022 NY Slip Op 02398 (N.Y. App. Div. 2022). · cites it 6× “DECISION & ORDER In an action, inter alia, to recover damages for violations of Judiciary Law § 487 and legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Stephen A.”

Palmieri v. Biggiani, 108 A.D.3d 604 (N.Y. App. Div. 2013). · cites it 7× “In an action, inter alia, to recover damages for legal malpractice, breach of contract, and violation of Judiciary Law § 487, the plaintiff appeals, as limited by his brief, from stated portions of (1) an order of the Supreme Court, Suffolk County (Jones, Jr.”

Bernstein v. Oppenheim & Co., 160 A.D.2d 428 (N.Y. App. Div. 1990). · cites it 6× “The complaint consists of 115 "paragraphs” which detail plaintiff’s version of the events and state four "causes of action” for negligence, actual fraud, constructive fraud, and violation of Judiciary Law § 487 by willful delay of the lawsuit to generate excessive fees.”

A.M.P. v. Benjamin, 2021 NY Slip Op 06589 (N.Y. App. Div. 2021). · cites it 5× “nt (first cause of action), violations of Civil Rights Law § 79-n (second through fifth causes of action), legal malpractice (sixth and seventh causes of action), breach of fiduciary duties (eighth cause of action), negligence (ninth cause of action), negligent infliction of…”

Amalfitano v. Rosenberg, 428 F. Supp. 2d 196 (S.D.N.Y. 2006). · cites it 7× “N.Y. Jud. Law § 487 (McKinney 2005). Plaintiffs assert that, in violation of § 487, Rosenberg brought a lawsuit accusing them of orchestrating a fraudulent sale of the family business to themselves despite knowing from his own prior representation that Peter had earlier…”

Giano v. Ioannou, 78 A.D.3d 768 (N.Y. App. Div. 2010). · cites it 6× “*769 In an action, inter alia, to recover legal fees and to recover treble damages for violation of Judiciary Law § 487, the defendant appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Nassau County (O’Connell, J.”

Show all 563 citing cases →

— N.Y. Judiciary Law § 487(1) — 15 cases

Mazzocchi v. Gilbert, 2020 NY Slip Op 3843 (N.Y. App. Div. 2020).

Platt v. Berkowitz, 2022 NY Slip Op 01405 (N.Y. App. Div. 2022).

Gentry v. Kovler (In Re Kovler), 253 B.R. 592 (Bankr. S.D.N.Y. 2000).

United States Life Ins. Co. in the City of N.Y. v. Horowitz, 2021 NY Slip Op 01877 (N.Y. App. Div. 2021).

— N.Y. Judiciary Law § 487(2) — 3 cases

Joseph v. Fensterman, 2022 NY Slip Op 02398 (N.Y. App. Div. 2022). “DECISION & ORDER In an action, inter alia, to recover damages for violations of Judiciary Law § 487 and legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Stephen A.”

Amalfitano v. Rosenberg, 428 F. Supp. 2d 196 (S.D.N.Y. 2006). “N.Y. Jud. Law § 487 (McKinney 2005). Plaintiffs assert that, in violation of § 487, Rosenberg brought a lawsuit accusing them of orchestrating a fraudulent sale of the family business to themselves despite knowing from his own prior representation that Peter had earlier…”

Betz v. Blatt, 2018 NY Slip Op 2444 (N.Y. App. Div. 2018).

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