Legal Opinion
Costalas v. Amalfitano
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2005PublishedCited by 11 opinions
1Opinion of the Court
*304Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered February 4, 2005, which denied plaintiffs motion pursuant to CPLR 5015 (a) (2) and (3) to vacate the judgment entered herein dismissing the complaint, unanimously affirmed, with costs.
Plaintiffs new evidence showing an ex parte communication initiated by plaintiffs attorney with the trial court does not warrant vacatur of the judgment, since the communication, which was made after the trial court had issued its decision to dismiss the action at the close of plaintiffs evidence, did not concern “the merits of the cause”…
2Cited by11 opinions
- Amalfitano v. RosenbergCourt of Appeals for the Second Circuit · 2008
- Amalfitano v. RosenbergDistrict Court, S.D. New York · 2006
- Flanigan v. SmythAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Tina X. v. John X.Appellate Division of the Supreme Court of the State of New York · 2016
- Abbott v. Delaware State Public Integrity CommissionSupreme Court of Delaware · 2019
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