"Erroneous Trial Demonstrative in Med Mal Case Does Not Amount to Fraud on the Court" By Kevin Schlosser

In a previous post, Distinctions in Claims of “Fraud on the Court,” Common Law Fraud and Judiciary Law 487, I outlined the basic principles underlying various claims that are typically referred to under the rubric of “fraud on the court.” Unlike the common law cause of action of fraud or the statutory claim under Judiciary Law 487 against attorneys who seek to deceive the court in litigation proceedings, the common law doctrine of “fraud on the court” has it own judicial-made requirements and remedies. A new decision of the Appellate Division, Second Department (Bhim v Platz, 2022 NY Slip Op 04531(2d Dep’t Decided July 13, 2022)), shows that an isolated mistake during the course of a trial, although plainly false, does not rise to the level of the extreme and intentionally-deceitful conduct warranting the drastic remedies for “fraud on the court.”

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