Legal Opinion

DiIorio v. Gibson & Cushman of New York, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 1990PublishedCited by 4 opinions

1Opinion of the Court

Reargument of this court’s order (161 AD2d 532), entered on May 29, 1990, granted only to extent indicated in the following memorandum decision: Defendants’ motion for reargument granted to the limited extent of striking the last sentence of our memorandum decision filed on or about May 29, 1990 (supra, at 533) and adding the following supplemental matter thereto; otherwise the motion is denied and the original decision adhered to.

On appeal, defendants originally argued that plaintiffs judgment should be vacated on the ground of newly discovered evidence (the release) under CPLR 5015 (a) (2)…

2Cases cited2 opinions

  1. Wells v. Shearson Lehman/American Express, Inc.New York Court of Appeals · 1988
  2. Oppenheimer v. WestcottNew York Court of Appeals · 1979

3Cited by4 opinions

  1. Clarke v. Max Advisors, LLCDistrict Court, N.D. New York · 2002
  2. Phoenix Assurance Co. v. C.A. Shea & Co.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Orimex Trading, Inc. v. BermanAppellate Division of the Supreme Court of the State of New York · 1990
  4. D'Anthony v. LenderAppellate Division of the Supreme Court of the State of New York · 1999

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