As proof that Judiciary Law § 487 has entered the mainstream, and will likely be snapchatted soon, take a look at Delbaun v Self Represented Kevin McKeown May 30, 2019 Supreme Court, New York County Docket Number: 157986/2018 Judge: Andrew Borrok. First, the names. Is the caption not a tip off that this is a case with craziness in it? Second, the cause of action. Defendant would not return a book?
OK. How did these folks know about JL § 487?
“This action arises from a dispute over Mr. McKeown’s use of a copyrighted book (the Book), coauthored by Mr. Delbaum and Lawrence Fleischer. The complaint alleges that Mr. McKeown
offered to help Mr. Delbaum prepare a publication proposal for the Book. Mr. Delbaum
accepted the offer and provided Mr. McKeown with a copy of the Book. Mr. Delbaum asserts
that Mr. McKeown did not perform the work as promised and Mr. McKeown did not return the
Book on request. As a result, Mr. Delbaum commenced this action for a permanent injunction, conversion, breach of contract, breach of the implied covenant of good faith and fair dealing and unjust enrichment. ”
“The third counterclaim alleges that Mr. Delbaum violated Judiciary Law § 487 and seeks an
order ofreferral to the Appellate Division, First Department, Attorney Grievance Committee (id.,
iii! 102-106). Mr. McKeown’ s third counterclaim fails to state a cause of action because
Judiciary Law § 487 is not applicable when Mr. Delbaum is a party to this action and represented
by counsel (see Siller v Third Brevoort Corp., 145 AD3d 595, 596 [1st Dept 2016] [affirming the
trial court’s dismissal of a claim that an individual violated Judiciary Law § 487 by making false
and misleading statements in an affirmation because the individual was a party to the action who
was represented by counsel, and not acting in her capacity as an attorney]). Mr. McKeown’s
arguments in opposition are unavailing. Therefore, Mr. McKeown’s three counterclaims are
dismissed. “