Amalfitano v. Rosenberg’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “applies to any oral or written statement related to a proceeding and communicated to a court or party with the intent to deceive.It would appear that some courts in New York have imposed an additional prerequisite to recovery: that the plaintiff in a section 487 action show “a chronic and extreme pattern” of legal delinquency by the defendant.,,. That requirement appears nowhere in the text of the statute, however, and other courts have found attorneys liable under the statute for a single intentionally deceitful or collusive act.”

   1 later decision quote this exact passage · from the majority
   e.g. 182 F. Supp. 3d 23 - Ray v. Watnick

2. “[a]n attorney or counselor who: (1) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or, (2) Wilfully delays his client’s suit with a view to his own gain; or, wilfully receives any money or allowance for or on account of any money which he has not laid out, or becomes answerable for”

   1 later decision quote this exact passage · from the majority
   e.g. Polanco v. NCO Portfolio Management, Inc.

3. “Section 487 thus permits a civil action to be maintained by any party who is injured by an attorney's intentional deceit or collusion in New York on a court or on any party to litigation, and it provides for treble damages.”

   1 later decision quote this exact passage · from the majority
   e.g. Bryant v. Silverman