On November 24, 2021, an appellate court covering appeals from Broome County in upstate New York resolved some novel legal issues in attorney-client relationships. What was unusual is that the Court found that a client's allegation that an attorney delayed her divorce/child custody litigation so he could continue a coercive nonconsensual sexual relationship with the client for his own gratification was sufficient to avoid dismissal. "Judiciary Law Section 487 permits recovery of treble damages in a civil action by a client against an attorney who intentionally deceives the court or a party (client) during the pendency of a judicial proceeding." The Court held that the client's claim that the attorney "delayed and prolonged her custody proceeding for his own personal gain and sexual gratification" sufficiently stated a claim. Judiciary Law 487 allows recovery of attorney's fees incurred in suing the attorney and treble damages.

Also of note was a second statutory cause of action brought against the attorney alleging a violation of Civil Rights Law Section 79-n which allows money damages for "bias-related violence or intimidation" against anyone "who intentionally selects a person...for harm or...causes physical injury...to another...in whole or in substantial part because of a belief or perception regarding the...gender...of a person...." Claims of intentional misconduct founded on a statutory violation frequently are entitled to the benefit of a 3 year statute of limitations based on CPLR 214 (2) as opposed to a one year time limit. A.M.P. v Benjamin, 2021 NY Slip Op 06589