On May 27, 2026, the Second Department issued a decision in Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op. 03292, holding that a Judiciary Law 487 claim based on use of false affidavits should survive dismissal, explaining:
The Supreme Court also should have denied that branch of the VCF defendants’ motion which was pursuant to CPLR 3211(a) to dismiss the fifth cause of action, which was asserted only against Rabinovich. Judiciary Law § 487 imposes civil liability on any attorney who is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive . . . any party. Here, the complaint alleged that Rabinovich intentionally applied for judgments by confession with false supporting affidavits and acted upon those judgments by confession when the plaintiffs had not defaulted, falsely claimed that she no longer represented certain parties when the plaintiffs demanded an accounting, and knowingly colluded with the other defendants to commit fraud on the Court and to obtain funds from the plaintiffs that exceeded any amount lawfully owed. Thus, accepting the allegations in the complaint as true and according the plaintiffs the benefit of every possible favorable inference, the complaint adequately stated a cause of action against Rabinovich to recover damages for violation of Judiciary Law § 487.
(Internal quotations and citations omitted).