Speculation on the Legal Malpractice Claim, Failure to Show Deceit on the Judiciary Law 487 Claim

The useful part

Santostefano v Zabell 2026 NY Slip Op 05202 September 2, 2026 Appellate Division, Second Department had claims for both legal malpractice and violation of judiciary law 487. We reviewed the "speculative" nature of the legal malpractice claims previously. The plaintiff alleged, among other things, that the defendants negligently advised the plaintiff to settle the underlying proceeding.

How it works

• In an order dated April 27, 2022, the Supreme Court granted the defendants' motion.
• The plaintiff appeals." ", the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action alleging violation of Judiciary Law § 487.
• Judiciary Law § 487 imposes civil liability on any attorney who "[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive.
• any party." Here, the defendants established, prima facie, that they did not engage in any deceit or collusion with the intent to deceive the plaintiff (see Bill Birds, Inc.

Details worth keeping

Law claims got but a short analysis with no real illuminating detail. The defendants moved for summary judgment dismissing the complaint.