Fields v. Turner

Defendant moves to dismiss for insufficiency a complaint based upon section 273 of the Penal Law, which provides that “ 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; * * * is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by this chapter, he forfeits to the party injured treble damages, to be recovered in a civil action.”

The complaint alleges, in the first cause of action, that defendant, an attorney representing plaintiff’s wife, procured a warrant…