Amalfitano v. Rosenberg

We return to this appeal from a judgment of the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge). We assume the parties’ continued familiarity with the facts and procedural history of this case, and the issues presented on appeal.

On July 15, 2008, we certified two questions to the New York State Court of Appeals:(1) Can a successful lawsuit for treble damages brought under N.Y. Jud. Law § 487 be based on an attempted but unsuccessful deceit upon a court by the defendant?(2) In the course of such a lawsuit, may the costs of defending litigation…