On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zomongo.TV USA Inc. v. Capital Advance Servs., LLC, 2022 NY Slip Op. 32928(U), holding that a fraud claim could not be based on alleged perjury, explaining:
It is well settled that to succeed upon a claim of fraud it must be demonstrated there was a material misrepresentation of fact, made with knowledge of the falsity, the intent to induce reliance, reliance upon the misrepresentation and damages. The proposed amended complaint does not assert the defendants made any false representations which induced any reliance. Rather, the allegation states that the defendant Davis made false statements in order to obtain a judgement against the plaintiffs. The proposed amended complaint alleges a cause of action based upon violations of perjury pursuant to Penal Law § 210. However, that is a crime and does not give rise to a civil cause of action. Therefore, the motion seeking to amend the complaint to add this cause of action is denied.
(Internal citations omitted).