10.5 D. Fraud and Misrepresentation

LibraryNY Post-Trial Practice & Procedures 2010

Courts have inherent power to vacate orders and judgments obtained by fraud or misrepresentation.581 The fraud or misrepresentation cannot concern the claim itself (e.g., a contract was procured based on fraud).582 Courts will not set aside an order or judgment, for example, where it is shown that (1) the claim upon which the judgment was obtained was unfounded, (2) there was a good defense to the action, (3) the court erroneously decided the law, or (4) the defendant did not avail himself of this defense if, before the judgment was rendered, the...

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