Termini v. John Arthur Exhibitions, Inc.

This application to vacate a judgment entered upon the granting of a motion made pursuant to rule 113 of the Rules of Civil Practice is predicated on “ plaintiff’s fraud in procuring the judgment, newly discovered evidence, error in fact, and in the interests of inherent justice ’ ’.

The claim of fraud, newly discovered evidence and error in fact is based upon the failure of plaintiff’s attorney to disclose to the court that, while representing a client other than the present plaintiff, he wrote a letter in which he claimed that the sublicense upon which this suit is based had become…