In our last column, we wrote about a troubling pattern in Judiciary Law §487 decisions. Anita Bernstein & John Crain, Here’s a Good Judiciary Law §487 Question for the Second Circuit to Certify in ‘Bounkhoun’, NYLJ (Dec. 3, 2018). New York judges, we showed, are imposing burdens on §487 plaintiffs that are absent in the statute.
Section §487 does not require “chronic and extreme” misconduct, “egregious” attorney misbehavior, or intentional deceit. Nor does §487 impose any procedural hurdles on plaintiffs seeking redress. It is courts, both state and federal, that have generated these demands.
