Di Russo v. Kravitz

Orders affirmed, with costs, in the following memorandum: To permit plaintiff to recover after he deliberately and willfully submitted a false affidavit to mislead the court would place a premium on such reprehensible and illegal conduct.

Plaintiff’s false affidavit was used to defeat defendant’s right to a dismissal of the action. Such grievous misconduct offends against fundamental concepts of the true administration of justice.

Defendant’s motion for renewal of the motion to dismiss was promptly made upon the discovery of the fraud during trial and before the case was concluded and a final…