RETINA ASSOC. OF L.I. v. ROSBERGER

ORDERED that the orders are affirmed, with one bill of costs payable by the plaintiffs to the respondent Jacqueline Watskin.

No action lies to recover damages for alleged subornation of perjury in a prior action or proceeding, except where the perjury is part of a larger fraudulent scheme "greater in scope than the issues determined in the prior proceeding" (Alexander v. City of Peekskill, 80 A.D.2d 626, 627; see Newin Corp. v. Hartford Acc. Indem. Co., 37 N.Y.2d 211, 217). Construing the complaint and the affidavit submitted by the plaintiffs in the light most favorable to them and deeming all factual allegations to be true (see Cron v. Hargro Fabrics, 91 N.Y.2d 362, 366), the plaintiffs did not state a cause of action to recover damages for the defendant Daniel Rosberger's alleged subornation of perjury in an arbitration proceeding. The plaintiffs' factual allegations are conclusory and insufficient to demonstrate the applicability of the exception to the general rule that there is no cause of action for such alleged conduct (see Martinson v. Blau, 292 A.D.2d 234) . Consequently, the Supreme Court properly dismissed the complaint insofar as asserted against Rosberger.

The complaint, however, was not "completely without merit in law," and the plaintiffs' conduct did not warrant the imposition of a sanction. Therefore, the Supreme Court providently exercised its discretion in denying that branch of Rosberger's motion which was to impose a sanction (see 22 NYCRR 130-1.1 [c][1],[2]). Nor is Rosberger entitled to the imposition of a sanction pursuant to CPLR 8303-a.

Contrary to the plaintiffs' contention, the Supreme Court properly granted that branch of the motion of the defendant Jacqueline Watskin which was to dismiss the complaint insofar as asserted against her based on lack of personal jurisdiction (see CPLR 302[a][1],[2],[3],[4]; see also World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 291-292; International Shoe Co. v. Washington, 326 U.S. 310, 316).

The plaintiffs' remaining contentions are either unpreserved for appellate review or without merit.

PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.