Legal Opinion
Yip v. Ip
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1996PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Under the circumstances of this case, we conclude that Supreme Court properly exercised its discretion in vacating the default judgment taken by plaintiff against defendants (see, CPLR 5015 [a] [3]; Oppenheimer v Westcott, 47 NY2d 595, 603-604; Tortorello v Tortorello, 161 AD2d 633, 634). Plaintiff withheld information from the court regarding prior and pending litigation, in which he asserted substantially the same claims against defendants, and misrepresented to the court that the allegations of his complaint in this action are not…
2Cases cited5 opinions
- Whitney v. WhitneyNew York Court of Appeals · 1982
- Oppenheimer v. WestcottNew York Court of Appeals · 1979
- People v. Trans World Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Tortorello v. TortorelloAppellate Division of the Supreme Court of the State of New York · 1990
- Maier-Schule GMC, Inc. v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Miller v. LanziseraAppellate Division of the Supreme Court of the State of New York · 2000
- Becher v. FellerAppellate Division of the Supreme Court of the State of New York · 2009
- LESNIAK, HILARY v. WELLS FARGO BANK NAAppellate Division of the Supreme Court of the State of New York · 2014
- Birsett v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1997