CENT. FUNDING CO. v. KIMLER


54 A.D.2d 748 (1976)

Central Funding Co., Appellant, v. Ethel L. Kimler, Respondent

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

October 25, 1976


Order reversed, with $50 costs and disbursements, and defendant's motion denied.

The moving papers fail to allege fraud in the procurement of the judgment (see CPLR 5015, subd [a], par 3; Crouse v McVickar, 207 N.Y. 213, 218; Mayor of City of N. Y. v Brady, 115 N.Y. 599, 614-615; 9 Carmody-Wait 2d, § 63:164). Moreover, the so-called newly discovered evidence purportedly establishing fraud was readily obtainable at the time the action was...

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