Legal Opinion
Tornheim v. Blue & White Food Products Corp.
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 8 opinions
1Opinion of the Court
Upon his motion to vacate the judgment, the plaintiff failed to present either newly-discovered evidence which, if introduced at trial, would have produced a different result (see CPLR 5015 [a] [2]), or any evidence of fraud, misrepresentation, or other misconduct on the part of the defendant (see CPLR 5015 [a] [3]). Therefore, the motion was properly denied (see Walker v Weinstock, 255 AD2d 508 [1998]).
*870Moreover, the conduct of the plaintiff and his attorney in pursuing the instant appeal appears to be (a) completely without merit in law or fact and unsupported by a reasonable argument for an…
2Cases cited4 opinions
- Weinstock v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1998
- Tornheim v. Blue & White Food Products Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Palmieri v. ThomasAppellate Division of the Supreme Court of the State of New York · 2006
- Walker v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- Matter of Franco Belli Plumbing & Heating & Sons, Inc. v. New York City School Constr. Auth.Appellate Division of the Supreme Court of the State of New York · 2016
- Politopoulos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Brennan v. SalkowAppellate Division of the Supreme Court of the State of New York · 2012
- Brennan v. SalkowAppellate Division of the Supreme Court of the State of New York · 2012
- Specialized Realty Services, LLC v. Town of TuxedoAppellate Division of the Supreme Court of the State of New York · 2013
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