On a fairly simple factual level, Dewald v Dewald 2026 NY Slip Op 31523(U)
April 10, 2026 Supreme Court, New York County Docket Number: Index No. 161582/2025 Judge: Phaedra F. Perry-Bond discusses the dividing line between advocacy and deceit, and what will convert one to the other.

“The Judiciary Law § 487 is dismissed (see NYSCEF Doc. 2 at 12, ,i,i 48-53). A claim under Judiciary Law § 487 requires not only allegations of deceit, but specific facts demonstrating a knowing intent to mislead or deceive; conclusory allegations are insufficient (see Facebook, Inc. v DLA Piper LLP (US), 134 AD3d 610,614 [1st Dept 2015]; Jean v Chinitz, 163 AD3d 497 [1st Dept 2018]; Savitt v Greenberg Traurig, LLP, 126 AD3d 506, 507 [1st Dept 2015]). Moreover, a Judiciary Law § 487 must allege particularized facts showing either egregious deceit directed at the court or a chronic and extreme pattern oflegal delinquency (Savitt, 126 AD3d at 507).
Applying these principles, Plaintiff fails to allege a Judiciary Law § 487. The Complaint
does not allege specific facts demonstrating Defendants acted with the intent to deceive (see, e.g. Gopstein v Beilinson Law, LLC, 227 AD3d 465, 466-467 [1st Dept 2024] citing Sabalza v Salgado, 85 AD3d 436,438 [1st Dept 2011]). Moreover, there is no showing that any adverse court rulings in the Underlying Action were based on acts of deceit by the Law Firm Defendants (see Mars v Grant, 36 AD3d 561, 561-562 [1st Dept 2007]).
To the extent the Judiciary Law § 487 claim is based on statements from Defendants’
“Proposed Findings of Fact and Conclusions of Law,” which, by their nature, constitute simple advocacy and do not demonstrate an intent to deceive (see Seldon v Lewis Brisbois Bisgaard & Smith LLP, 116 AD3d 490, 491 [1st Dept 2014]). Disagreement with an adversary’s characterization of the evidence, without more, does not give rise to an inference of intentional deceit. Plaintiff had adequate procedural mechanisms within the underlying proceeding, including the submission of counter-proposed findings, objections, and appellate review, to challenge any alleged inaccuracies. The failure to prevail on those issues does not transform routine litigation conduct into actionable misconduct under Judiciary Law § 487. Finally, Plaintiff failed to sufficiently allege egregious conduct or a chronic pattern of legal delinquency (see Koch v Sheresky, Aronson & Mayefsy LLP, 184 AD3d 410 [1st Dept 2020]). Therefore, the Judiciary Law
§ 487 claim is dismissed.”