The Court of Appeals said that the statute of limitations for Judiciary Law § 487 is six years in Melcher v Greenberg Traurig, LLP  23 NY3d 10.  Thus, even if a claim for attorney deceit originated in the first Statute of Westminster rather than preexisting English common law (a question unresolved by Amalfitano and disputed by the parties in this case), liability for attorney deceit existed at New York common law prior to 1787. As a result, claims for attorney deceit are subject to the six-year statute of limitations in CPLR 213 (1). Because of our disposition of this appeal, we do not reach and need not resolve Melcher’s other arguments.”

Nevertheless, when the Second Department confronts a JL § 487 claim in a legal malpractice case, it now simply ignores the Court of Appeals.  Se we see it in Benjamin v Allstate Ins. Co.  2015 NY Slip Op 03491  Decided on April 29, 2015  Appellate Division, Second Department.  In this case, the legal malpractice case is untimely, but what of the JL § 487 case?

“The Odierno defendants demonstrated, prima facie, that the present action was commenced after expiration of the three-year statute of limitations applicable to the plaintiff’s legal malpractice cause of action (see CPLR 214[6]). Moreover, since her cause of action alleging a violation of Judiciary Law § 487 is premised on the same facts and does not allege distinct damages, it too is barred by the three-year statute of limitations (see Farage v Ehrenberg, 124 AD3d 159, 169; cf. Melcher v Greenberg Traurig, LLP, 23 NY3d 10, 15).”