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RETINA ASSOCIATES OF LONG ISLAND, P.C. v. ROSBERGER

299 A.D.2d 533 (2002)

751 N.Y.S.2d 50

RETINA ASSOCIATES OF LONG ISLAND, P.C., et al., Appellants-Respondents, v. DANIEL ROSBERGER, Respondent-Appellant, JACQUELINE WATSKIN, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 25, 2002.

Ordered that the orders are affirmed, with one bill of costs payable by the plaintiffs to the respondent Jacqueline Watskin.

No action lies to recover damages for alleged subornation of perjury in a prior action or proceeding, except where the perjury is part of a larger fraudulent scheme "greater in scope than the issues determined in the prior proceeding" (Alexander v City of Peekskill, 80 A.D.2d 626, 627; see Newin...

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