We find that the award of treble damages against defendant Gelbwaks must be set aside. The statute at issue, Judiciary Law § 487 (2), provides, in pertinent part: "An attorney or counselor who * * * wilfully receives any money or allowance for or on account of any money which he has not laid out, or becomes answerable for * * * forfeits to the party injured treble damages, to be recovered in a civil action." While the evidence is sufficient to demonstrate that defendant...
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