Nones v. Security Title & Guaranty Co.

New York Supreme Court

Nones v. Security Title & Guaranty Co.

4 Misc. 2d 1057, 162 N.Y.S.2d 761, 1956 N.Y. Misc. LEXIS 1409

CourtNew York Supreme Court

DecidedNovember 19, 1956

StatusPublished

Cited by5 cases

This text of 4 Misc. 2d 1057 (Nones v. Security Title & Guaranty Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nones v. Security Title & Guaranty Co., 4 Misc. 2d 1057, 162 N.Y.S.2d 761, 1956 N.Y. Misc. LEXIS 1409 (N.Y. Super. Ct. 1956).

Pincite

Opinion

Marcus G. Christ, J.

This is an action against an attorney. The complaint alleges damages by reason of the attorney’s perjured testimony before an Official Referee and asks for treble damages under section 273 of the Penal Law. An attorney, who with intention to deceive the court, testifies falsely to a material fact or issue in a judicial proceeding is guilty of deceit under section 273 of the Penal Law. The civil remedy there provided may be invoked if there is damage. One other than an attorney may not be held in an action for deceit on account of perjured testimony given (Young v. Leach, 27 App. Div. 293; Anchor Wire Corp. v. Borst, 277 App. Div. 728; Burbrooke Mfg. Co. v. St. George Textile Corp., 283 App. Div. 640).

However, the statute puts a special civil remedy in the hands of one wronged by an attorney. Damages are alleged. But it is asserted they may not be susceptible of proof. With that the court cannot be concerned on a motion under rule 106 of the Rules of Civil Practice. Motion denied.

Submit order.

Free access — add to your briefcase to read the full text and ask questions with AI

Marcus G. Christ, J.

This is an action against an attorney. The complaint alleges damages by reason of the attorney’s perjured testimony before an Official Referee and asks for treble damages under section 273 of the Penal Law. An attorney, who with intention to deceive the court, testifies falsely to a material fact or issue in a judicial proceeding is guilty of deceit under section 273 of the Penal Law. The civil remedy there provided may be invoked if there is damage. One other than an attorney may not be held in an action for deceit on account of perjured testimony given (Young v. Leach, 27 App. Div. 293; Anchor Wire Corp. v. Borst, 277 App. Div. 728; Burbrooke Mfg. Co. v. St. George Textile Corp., 283 App. Div. 640).

However, the statute puts a special civil remedy in the hands of one wronged by an attorney. Damages are alleged. But it is asserted they may not be susceptible of proof. With that the court cannot be concerned on a motion under rule 106 of the Rules of Civil Practice. Motion denied.

Submit order.

Elizabeth Barrett, Individually and as Administratrix of the Estate of Harold Blauer, Deceased v. United States of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard, Appeal of United States of America, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy and George S. Leonard, Elizabeth Barrett, Individually and as Administratrix of the Estate of Harold Blauer, Deceased, Elizabeth Barrett v. United States of America, James Cattell, Newton Bigelow, David Marcus, Estate of Amedeo S. Marazzi, Van M. Sim, Herbert K. Greer, Frederick C. Lough, Harris J. North, William M. Creasy, John H. Derrick and George S. Leonard, David Marcus

798 F.2d 565 (Second Circuit, 1986)

Francis Schertenleib v. Jerome S. Traum

589 F.2d 1156 (Second Circuit, 1978)

Agnew v. Parks

343 P.2d 118 (California Court of Appeal, 1959)

Cite This Page — Counsel Stack

Bluebook (online)

4 Misc. 2d 1057, 162 N.Y.S.2d 761, 1956 N.Y. Misc. LEXIS 1409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nones-v-security-title-guaranty-co-nysupct-1956.

Opinion

Related

Cite This Page — Counsel Stack