Lawyer May Be Sued Under New York’s Attorney Deceit Statute For Filing Allegedly Containing False Statements [Lexology]

Isaac Binkovitz, of Cozen O'Connor's Commercial Litigation department, wrote an article for Lexology discussing how lawyers may be sued under New York's Attorney deceit statute for filings allegedly containing false statements.

Recently, Judge Paul Crotty of the Southern District of New York ruled any “sufficiently egregious” action with the intent to deceive the courts supports a claim under New York’s attorney deceit statute even in the absence of a broader pattern of misrepresentation.  This statute exposes New York lawyers to legal action if they file papers that assert facts contradictory to previously asserted facts for the client. New York Attorneys will need to understand this case as it could expand the scope of liability for attorney deceit under Section 487 in New York. 

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Isaac A. Binkovitz


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