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WIGGIN v. GORDON

115 Misc.2d 1071 (1982)

Ethel Wiggin, Plaintiff, v. Arthur Gordon, Defendant.

Civil Court of the City of New York, Queens County.

October 6, 1982

Attorney(s) appearing for the Case

Emmet, Marvin & Martin (Anne T. Schwab of counsel), for plaintiff.

WILLIAM D. FRIEDMANN, J.

This inquest hearing followed defendant's default in appearing, in an action seeking damages for what can be correctly termed as an extreme case of willful law office failure, or attorney misconduct. It places in focus the civil treble damage provision of the little-known and seldom-used section 487 of the Judiciary Law. Section 487 in total states:

"Misconduct by attorneys "An attorney or counselor who:

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