Six Year Statute On Alleged Attorney Deceit

The New York Court of Appeals has held that an action for attorney deceit is governed by a six-year statute of limitations.

In reversing the grant of dismissal to the defendant law firm, the court looked to the common law in reaching its conclusion

A cause of action for attorney deceit therefore existed as part of New York’s common law before the first New York statute governing attorney deceit was enacted in 1787 (see Amalfitano, 12 NY3d at 12 [discussing L 1787, ch 35, § 5). The 1787 statute enhanced the penalties for attorney deceit by adding an award for treble damages, but did not create the cause of action (see State of New York v Cortelle Corp., 38 NY2d 83, 85 [1975] [“Statutory provisions which provide only additional remedies or standing do not create or impose new obligations,” within the meaning of CPLR 214 [2]]; see also Orr v Kinderhill Corp., 991 F2d 31, 34 [2d Cir 1993] [“That the statute merely enlarges the common-law scheme of liability or grants additional remedies is insufficient to bring it within CPLR 214 [2]”).

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.

(Mike Frisch)