Klein v. Fairberg

Order granting motion of defendant Van Praag & Co. to vacate and set aside judgment in plaintiff’s favor and for a new trial, and vacating and setting aside the resettled decision, reversed on the law, with costs, and motion denied, with ten dollars costs. In a proper case in the exercise of sound legal discretion the court has inherent power to vacate a judgment to avoid a miscarriage of justice. (Ladd v. Stevenson, 112 N. Y. 325; Hatch v. Central Nat’l Bank, 78 id. 487; Matter of Marsh, 242 App. Div. 290.) The need for exercising that power is not here present, (a) in that its exercise was…