Legal Opinion
CDR Créances S.A.S. v. Cohen
New York Court of Appeals
Decided May 8, 2014PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
In this appeal we conclude that where a court finds, by clear and convincing evidence, conduct that constitutes fraud on the court, the court may impose sanctions including, as in this case, striking pleadings and entering default judgment against the offending parties to ensure the continuing integrity of our judicial system. With one exception, the record on this appeal supports such sanctions, and we therefore affirm, in part, the Appellate Division (104 AD3d 17 [1st Dept 2012]).
I
This appeal arises from fraudulent conduct by defendants during the course of…
2Cases cited17 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- Anderson v. DunnSupreme Court of the United States · 1821
- Kihl v. PfefferNew York Court of Appeals · 1999
- Thomas Dodson v. Marvin Runyon, Postmaster General for the U.S. Postal ServiceCourt of Appeals for the Second Circuit · 1996
12 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Citibank, NA v. AbramsAppellate Division of the Supreme Court of the State of New York · 2016
- Lucas v. StamAppellate Division of the Supreme Court of the State of New York · 2017
- Neroni v. FollenderAppellate Division of the Supreme Court of the State of New York · 2016
- Bessa v. Anflo Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Bhim v. PlatzAppellate Division of the Supreme Court of the State of New York · 2022
48 more not listed; retrieve them via the Exa API.