10.5 D. Fraud and Misrepresentation
Library | NY 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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- 10.0 I. Introduction
- 10.1 II. Grounds for Setting Aside a Jury Verdict
- 10.2 A. Legal Sufficiency
- 10.3 B. Weight of the Evidence
- 10.4 C. Interests of Justice
- 10.5 D. Fraud and Misrepresentation
- 10.6 E. Inadequate or Excessive Damage Awards
- 10.7 F. Juror Confusion
- 10.8 III. Preservation for Appellate Review
- 10.9 IV. Scope of Court of Appeals’ Review
- 10.10 V. Conclusion
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