Errico v. Davidoff

OPINION OF THE COURT

Bruce M. Balter, J.

Pursuant to CPLR 5015 (a) (3), defendant moves by order to show cause to vacate the judgment entered by the plaintiff on the ground that the judgment was allegedly procured by fraud and misrepresentation on the part of the plaintiffs attorney. Plaintiff moves by cross motion for sanctions pursuant to 22 NYCRR 130-1.1 et seq. against the defendant and defendant’s attorney for their alleged frivolous conduct in bringing this application.

FACTS APPLICABLE TO THIS MOTION

Plaintiffs underlying claim is for personal injuries allegedly sustained as a result of an…