Practice point: CPLR 5015(a)(3) permits a court to relieve a party from an order or
judgment on the ground of fraud, misrepresentation, or other misconduct
of an adverse party.
Student note: While there is no specific time limit within
which to move under this provision, the motion must be made within a
reasonable time.
Case: Empire State Conglomerates v. Mahbur, NY Slip Op 02537 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Elevation-related hazards at the work-site, and safety devices.
