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JAMES v. SHAVE

62 N.Y.2d 712 (1984)

Raymond R. James et al., Appellants, v. Walter E. Shave, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Raymond R. James and Julia L. James, appellants pro se.

Walter E. Shave, respondent pro se, precluded.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. The Appellate Division properly granted summary judgment in favor of the defendant (see 97 A.D.2d 927). Although a plenary action may lie in some rare instances to set aside a prior judgment (see Oppenheimer v Westcott, 47 N.Y.2d 595, 602-603; 5 Weinstein-Korn-Miller...

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