Judiciary Law §487 provides for an award of treble damages and/or criminal prosecution and punishment for misconduct by attorneys. “Judiciary Law §487 exposes an attorney who is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party to criminal misdemeanor liability and treble damages, to be recovered by the injured party in a civil action.”1

Elements of a §487 Claim

Generally, New York courts have held that a cognizable claim under Judiciary Law §487 exists when there is a “chronic and extreme pattern of legal delinquency.” See Solow Management v. Seltzer, 18 A.D.3d 399 (1st Dept. 2005), citing to Jaroslawicz v. Cohen, 12 A.D.3d 160 (1st Dept. 2004); Cohen v. Law Offices of Leonard and Robert Shapiro, 18 A.D.3d 219 (1st Dept. 2005). Some courts have held “a single act or decision, if sufficiently egregious and accompanied by an intent to deceive, is sufficient to support liability [under Judiciary Law §487]. Trepel v. Dippold, 2005 WL 1107010 (S.D.N.Y. 2005).