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BIANCO v. DOUGHERTY

54 A.D.2d 681 (1976)

Albert V. Bianco, Respondent, v. Harold Dougherty, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1976

Order affirmed, with $50 costs and disbursements.

The prior determination of defendant's motion to vacate the interlocutory judgment constitutes res judicata and bars the instant motion (see Metropolitan Distrs. v Hyndsman, 201 Misc. 1045, affd 279 App Div 786). Both of the defendant's motions were made pursuant to CPLR 5015. CPLR 5015 (subd [a], par 3), which provides that "fraud, misrepresentation, or other misconduct...

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