Legal Question in Landlord & Tenant Law in New York

Can a tenant be sued for perjury?

I own a brownstone in Manhattan, and was going into surgery for a triple bypass. Rent stabilization law says I am entitled to an apt. for my next of kin. I wanted my son to live here and notified tenant I would not renew his lease. He didn't want to give up his apt. ($492 mo., one block from Times Square) and lied on the witness stand (perjury?? or do all tenants lie and get away with it?) I lost the case. Recently, a father of 12 children invented a 13th child who he said was killed at the WTC 9/11 and illegally collected $160,000. His children testified of the existence of their ''brother'' and the DA is CONSIDERING a perjury case against them. Can I find a lawyer to establish a landmark case so that every witness will know that there is severe punishment for perury...my damages were over $117,000 and the tenant walked away with 4 years rent free!


Asked on 9/19/03, 9:41 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can a tenant be sued for perjury?

I hope you are in good health now.

Regarding your question; - Yes. If you were injured by his statements and the court relied on them to make a ruling that injured you, then you may sue for fraud.

You were the 3rd party injured by his de-frauding the court. His act was made not with the intention of gaining something from the court, but

to gain something from you through the court's decision or order. The injury to the court is a criminal matter, but you also may bring an action for your injury.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 9/19/03, 10:15 pm


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