Legal Question in Medical Malpractice in New York

I have a legal question: I would like to know if I have a case for fraud. Here is the background:

In a medical malpractice case, the defendant filed SJ motion and obtained judgment. But in the submission, the defendantsí medical expert's affidavit was fraudulent, and it can be proven.

So, here is my question: assuming that it is true, i.e. the medical expert submitted a fraudulent sworn affidavit and the court in his decision specifically relied on that testimony, is there a valid case for fraud against the expert witness in New York state?

I hope that I can have the answer from you. Thank you very much.

Asked on 3/29/11, 11:51 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

One would need to know the status of the summary judgment motion. Was it granted? More than 30 days ago? Is it still pending but submitted? Is the motion still being briefed? Without this info, it's impossible to advise you.

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Answered on 3/29/11, 2:13 pm

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