Legal Opinion
McKenna v. County of Nassau
New York Court of Appeals
Decided January 17, 1984PublishedCited by 97 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The errors alleged by the County of Nassau on the motion to vacate the prior judgment do not constitute grounds for relief under CPLR 5015. Special Term abused *742its discretion in reopening its judgment to correct a perceived error of law that could have been raised on the prior appeals to the Appellate Division and to this court. A court’s inherent power to exercise control over its judgments is not plenary, and should be resorted to only to relieve a party “from judgments taken through [fraud,]…
2Cases cited4 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Garcia v. Federal InsuranceNew York Court of Appeals · 1979
- City of Syracuse v. Utica Mutual InsuranceNew York Court of Appeals · 1984
3Cited by97 opinions
- Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
- Kiker v. Nassau CountyNew York Court of Appeals · 1995
- Katz v. MarraAppellate Division of the Supreme Court of the State of New York · 2010
- State of New York Mtge. Agency v. BraunAppellate Division of the Supreme Court of the State of New York · 2020
- Gannon v. Johnson Scale Co.Appellate Division of the Supreme Court of the State of New York · 1993
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