In Bankers Trust Co. v. Cerrato, Sweeney, Cohn, Stahl & Vaccaro, 187 A.D.2d 384, 385, 590 N.Y.S.2d 201 (1 st Dep't 1992), the First Department upheld a lower court's dismissal of a claim against a law firm for treble damages under Judiciary Law § 487.
Plaintiff had alleged the law firm's "participation in the concealment, misappropriation and diversion of money assigned to it by letter agreement and assignment of the proceeds of a lawsuit." Id.
The First Department based its decision on the fact that "the alleged deceit did not occur during a pending judicial proceeding in which plaintiff was a party." Id. at 386.