Legal Opinion
DiIorio v. Gibson & Cushman of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1990PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.), entered on February 9, 1989, which denied a motion by defendant Gibson & Cushman Dredging Corp. seeking to vacate a judgment against it, entered after a jury trial, in the sum of $2,478,696, is unanimously affirmed, without costs.
Contrary to defendant’s contentions the IAS court did not abuse its discretion in refusing to vacate the judgment of February 8, 1988 pursuant to CPLR 5015 (a) (2) and (3) on the ground of newly discovered evidence or fraud allegedly perpetrated by plaintiff in bringing the underlying action. The sole basis…
2Cases cited4 opinions
- Oppenheimer v. WestcottNew York Court of Appeals · 1979
- Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
- Buckman v. Perry's Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Mienik v. MienikAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- Richard B. v. Sandra B. B.Appellate Division of the Supreme Court of the State of New York · 1995
- H & Y Realty Co. v. BaronAppellate Division of the Supreme Court of the State of New York · 1993
- Birsett v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1997
- Orimex Trading, Inc. v. BermanAppellate Division of the Supreme Court of the State of New York · 1990
- Gibson & Cushman Dredging Corp. v. Healey (In Re Gibson & Cushman Dredging Corp.)United States Bankruptcy Court, E.D. New York · 1998