There is now a formal split between the First and Second Departments on the appropriate statute of limitations for Judiciary Law 487.  The second department recently determined that if the JL 487 claim is made in a case with a legal malpractice claim, then the statute of limitaitons is 3 years pursuant to CPLR 214(6).  The First Department, citing Melcher v. Greenberg Traurig LLP, holds that it is 6 years, as did the Court of Appeals.  In McDonald v Edelman & Edelman, P.C.  2014 NY Slip Op 04560 [118 AD3d 562]  June 19, 2014  Appellate Division, First Department it wrote:

"The fourth cause of action, which alleges a violation of Judiciary Law § 487, is timely because it was asserted within six years of plaintiff’s receipt of defendants’ June 2008 letter (see CPLR 214 [2]; Melcher v Greenberg Traurig, LLP, 102 AD3d 497 [1st Dept 2013]). However, the complaint nevertheless fails to state a cause of action under the statute, since it does not allege that plaintiff suffered any injury proximately caused by any deceit or collusion on counsel’s part, and no such injury can reasonably be inferred from the allegations (see Bohn v 176 W. 87th St. Owners Corp., 106 AD3d 598, 600 [1st Dept 2013], lv dismissed in part, denied in part 22 NY3d 909 [2013])."

So, which is it?