Burbrooke Manufacturing Co. v. St. George Textile Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Involved in this case is the question whether an action may be brought for fraud based upon the initiation of an arbitration proceeding and the use therein of fictitious writings and false testimony, such arbitration having resulted in an award in favor of the corporate defendant.
*641It is an ancient law that an action does not lie for perjury, subornation of perjury or the use of false documents in an action or proceeding which determined the issues arising from such perjury and documents. Distinction has been made, however, where an independent, sometimes referred to as an extrinsic, fraud has…
2Cases cited8 opinions
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Jacobowitz v. HersonNew York Court of Appeals · 1935
- Arcuri v. ArcuriNew York Court of Appeals · 1934
- Ross v. PrestonNew York Court of Appeals · 1944
- Byrnes v. OwenNew York Court of Appeals · 1926
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3Cited by22 opinions
- Barrett v. United StatesCourt of Appeals for the Second Circuit · 1986
- Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Rose Hall, Ltd. v. Chase Manhattan Overseas Banking Corp.District Court, D. Delaware · 1983
- New York City Transit Authority v. EisenAppellate Division of the Supreme Court of the State of New York · 2000
17 more not listed; retrieve them via the Exa API.