Gottlieb v. Garfield

The trial in the Magistrate’s Court upon the complaint made pursuant to section 1620-b of the Penal Law resulted in a discharge of the defendant (plaintiff herein) upon the merits. The central issue there was determined in favor of the defendant (plaintiff herein). What remained for trial in the action in which the deposition was taken when, as charged, second degree perjury was committed, constituted an issue not at all relevant or pertinent to the charge involved. The belief that the determination was not on the merits results from distortion bordering on persistent willingness to believe…