The statute applies to an attorney acting in his capacity as an attorney, not to a party who is represented by counsel and who, incidentally, is an attorney. Under Judiciary Law § 487(1), an attorney who guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party is liable to the injured party for treble damages.
Altman v. DiPreta, NY Slip Op 02774 (2d Dep't April 27, 2022)