Ryan v. Zherka

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered August 24, 2015, which denied defendant Sam Zherka’s motion pursuant to CPLR 5015 (a) (2) and (3) to vacate a judgment, same court (Norman C. Ryp, J.), entered September 26, 2000, after a trial, or, in the alternative, for discovery and a hearing, unanimously affirmed, with costs.

The newly discovered evidence proffered by defendant to show that the judgment in plaintiff’s favor was the result of a fraud upon the court is insufficient to warrant vacatur of the judgment with respect to the assault claim (see CPLR 5015 [a] [2],…