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Current Developments in the Commercial Divisions of the
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Posted: April 10, 2016

No Civil Cause of Action for Subornation of Perjury in Prior Civil Action

On March 31, 2016, the First Department issued a decision in Serrante v. Moses & Singer LLP, 2016 NY Slip Op. 02518, dismissing a civil claim for subornation of perjury, explaining:

Plaintiff seeks compensatory and punitive damages resulting from an alleged scheme by defendants to defraud the court in a prior action between plaintiff and defendant GJF, and related enforcement proceedings, in which defendant Moses & Singer represented GJF. Defendants’ motion to dismiss was properly granted since the action is barred by the ancient rule that the courts of this State will not entertain civil actions for damages arising from alleged subornation of perjury in a prior civil proceeding.

(Internal quotations and citations omitted).

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