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  1. #1

    Default Can You Sue Somebody for Making False Claims in a Civil Complaint

    My question involves court procedures for the state of: NY
    Let's say you are sued in nys and the complaint included deliberate and egregious false information. For example, plaintiff used a false name for himself and made other factually false claims. Case was already decided a few years ago in my favor but wondering if I can sue plaintiff civilly and also if it is a crime to make such egregiously false representations in pleadings. The case never got to the point of testifying under oath but there must be some kind of legal expectation that pleadings will contain legitimate basic information such as plaintiffs real name.

  2. #2
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    Default Re: Can You Sue Somebody for Making False Claims in a Civil Complaint

    If a complaint contains inappropriate allegations you can bring a motion to strike. If you litigate the case, you can deny the allegations and proceed toward settlement, trial, or other disposition. If years have passed, odds are any cause of action you could come up with is time-barred.
    Quote Quoting New York CPLR Sec. 215.
    Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award. The following actions shall be commenced within one year:...

    3. an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law;

  3. #3

    Default Re: Can You Sue Somebody for Making False Claims in a Civil Complaint

    Understood...thanks!

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