Opinion
03-31-2016
Louis SERRANTE, Plaintiff–Appellant, v. MOSES & SINGER LLP, et al., Defendants–Respondents.
Zisholtz & Zisholtz, LLP, Mineola (Meng Cheng of counsel), for appellant. Moses & Singer, LLP, New York (Shari Alexander of counsel), for respondents.
Zisholtz & Zisholtz, LLP, Mineola (Meng Cheng of counsel), for appellant.
Moses & Singer, LLP, New York (Shari Alexander of counsel), for respondents.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered December 24, 2014, which, insofar as appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.
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 (Serrante v. GJF Constr. Corp., 72 A.D.3d 543, 898 N.Y.S.2d 458 [1st Dept.2010], lv. denied 15 N.Y.3d 704, 2010 WL 2606237 [2010] ), 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" (Newin Corp. v. Hartford Acc. & Indem. Co., 37 N.Y.2d 211, 217, 371 N.Y.S.2d 884, 333 N.E.2d 163 [1975] ).
We have considered plaintiff's remaining arguments and find them unavailing.MAZZARELLI, J.P., RENWICK, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.