Newin Corp. v. Hartford Acci. & Indem. Co

In Newin Corp. v. Hartford Acci. & Indem. Co. (37 NY2d 211 [1975]), the Court of Appeals noted "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." (Id. at 217.) As the Court explained, the losing party's remedy is limited to a direct appeal in the case where the alleged perjury occurred because the losing party would otherwise be permitted to try the cause over again in another suit. (Id.) The Court, however, recognized that there is an exception to the rule which permits a cause of action for fraud to be maintained "where the perjury is merely a means to the accomplishment of a larger fraudulent scheme." (Id.)