Legal Opinion

Amalfitano v. Rosenberg

New York Court of Appeals

Decided February 12, 2009PublishedCited by 76 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The United States Court of Appeals for the Second Circuit has certified two questions to us regarding the application of section 487 of the Judiciary Law insofar as it provides that

“[a]n attorney or counselor who: . . .
“[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party . . .
“[i]s 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.”

The questions arise out of…

2Cases cited3 opinions

  1. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  2. Amalfitano v. RosenbergCourt of Appeals for the Second Circuit · 2008
  3. Amalfitano v. RosenbergDistrict Court, S.D. New York · 2006

3Cited by76 opinions

  1. Gorbatov v. TsirelmanAppellate Division of the Supreme Court of the State of New York · 2017
  2. Mayfield v. Asta Funding, Inc.District Court, S.D. New York · 2015
  3. Hansen v. MillerCourt of Appeals for the Second Circuit · 2022
  4. Palmieri v. BiggianiAppellate Division of the Supreme Court of the State of New York · 2013
  5. Melcher v. Greenberg Traurig, LLPNew York Court of Appeals · 2014

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