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How Do I Sanction the Opposition's Lying Witness In a Civil Proceeding?

Asked almost 4 years ago - New York

Lawsuits

Under New York laws:

In a civil proceeding, in court, where I am a private citizen, while my opponents are a village governmental body, and wherein, their witness lied against me on their behalf, gave provably false testimony on their behalf, and ALSO submitted provably false AFFIDAVITs on their behalf, with the knowledge of my opponents:

How can that witness be sanctioned, BESIDES, OTHER THAN, charges of PERJURY?

Can I recover damages from this lying witness or from my opponents who called hime knowing that he would lie on their behalf ?

Can my opponents, who called that witness, knowing that he would lie on their behalf, be charged with SUBORNING perjury?

ALSO : What constitutional right of mine is infringed upon governmental refusal to permit me to renovate my delapidated building on the grounds that the government alleges it being uneconomical (for me) to repair. Obviously the government in this situation is unlawfully substituting itself for me in the decision of how to allocate my own personal resources; however, what is the legal formulation for my challenge to the government on this issue?

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Attorney answers (2)

Scott Kenneth Petersen

Reputation Level 8

Answered almost 4 years ago. Litigation Lawyer in Sarasota, FL.

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It sounds to me like you need to consult with an attorney experienced in municipal and land use law to get specific answers to your questions, but in general, the court controls sanctions against opposing parties for false testimony (other than perjury charges). If, as you say, testimony or affidavits submitted by the village governmental officials are false and you have proof, you can present that proof to the judge via a proper motion, with affidavits and transcripts to submit your proof. A judge has the power to cite parties for contempt when it finds that that party's testimony or affidavits are false.

I caution you, however, that you will have a very high burden of proof in your attempt to show the other side is lying. Judges, like most people, are reluctant to conclude that parties lie, especially when the opposing side is asserting that that party lied during the course of a heated litigation matter.

You should find qualified counsel and work with your attorney to present your proof to the judge.

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Susan Pernick, licensed in New York

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Susan Pernick

Reputation Level 14

Answered over 3 years ago. Litigation Lawyer in Glen Head, NY.

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It sounds like you're navigating a minefield. Have you consulted an attorney who's experienced in zoning and land use? Have you contacted the DA's office with your proof that false testimony and false affidavits were made?

Only the DA can prosecute for perjury or subornation. If you want to sue for damages, you'll need a good lawyer, because you'll have to prove not only that what you claim is true is, in fact, the truth, but that the witness knew that he was testifying falsely and did it anyway. As for your opponents, you'd have to prove how they knew he would testify falsely.

I'm not clear on what you mean by a government allegation that it was uneconomical for you to repair your building. Perhaps there are administrative remedies you have to exhaust. If so, those usually have time limits. I'd suggest you consult a local attorney as soon as possible.

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