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MELCHER v. GREENBERG TRAURIG

No. 24.

23 N.Y.3d 10 (2014)

11 N.E.3d 174

988 N.Y.S.2d 101

2014 NY Slip Op 2213

JAMES L. MELCHER, Appellant, v. GREENBERG TRAURIG, LLP, et al., Respondents.

Court of Appeals of New York.

Decided April 1, 2014.

Attorney(s) appearing for the Case

Hinman Straub PC, Albany ( James T. Potter of counsel), and Jeffrey A. Jannuzzo , New York City, for appellant.

Simpson Thacher & Bartlett LLP, New York City ( Roy L. Reardon , Michael J. Castiglione and Rae C. Adams of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

READ, J.

Judiciary Law § 487 exposes an attorney 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" to criminal (misdemeanor) liability and treble damages, to be recovered by the injured party in a civil action. After plaintiff James L. Melcher (Melcher) brought this action for attorney deceit against defendants...

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