Practice point: A party who has lost an action as a result of alleged fraud or false testimony cannot collaterally attack the judgment in a separate action against the party who adduced the false evidence. Instead, the plaintiff's sole remedy is a motion to vacate the judgment. In an exception to the rule, a party may commence a separate action where the alleged perjury or fraud in the underlying action was merely a means to the accomplishment of a larger fraudulent scheme which was greater in scope than the issues determined in the prior proceeding.
Case: DeMartino v. Lomonaco, NY Slip Op 07706 (2d Dep't November 8, 2017)
Here is the decision.
