ALBANY – Adopting a hard-line position against litigants who engage in deceitful and obstructionist conduct, the state Court of Appeals on Thursday said judges can toss out a case when “clear and convincing” evidence shows that an individual attempted to dupe the court.
“Fraud on the court warrants heavy sanctions, including the striking of an offending party’s pleadings and dismissal of the action,” Judge Jenny Rivera (See Profile) wrote in a 6-0 opinion joined by Chief Judge Jonathan Lippman (See Profile) and judges Victoria Graffeo (See Profile), Susan Phillips Read (See Profile), Robert Smith (See Profile) and Eugene Pigott Jr. (See Profile). Judge Sheila Abdus-Salaam (See Profile) did not take part.
