BURBROOKE MFG. CO. v. ST. GEORGE TEXTILE CORP.


283 A.D. 640 (1954)

Burbrooke Manufacturing Co., Inc., Respondent, v. St. George Textile Corporation et al., Appellants

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

April 13, 1954.


Attorney(s) appearing for the Case

Milton Haselkorn of counsel (Edward C. Wallace with him on the brief; Weil, Gotshal & Manges, attorneys), for appellants.

Jack Klaw for respondent.

COHN, CALLAHAN and BASTOW, JJ., concur; DORE, J. P., dissents for reasons stated by the learned Justice at Special Term and votes to affirm.


BREITEL, J.

Involved in this case is the question whether an action may be brought for fraud based upon the initiation of an arbitration proceeding and the use therein of fictitious writings and false testimony, such arbitration having resulted in an award in favor of the corporate defendant.

It is an ancient law that an action does not lie for perjury, subornation of perjury or the use of false documents...

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