MATTER OF SCHWARTZ v. CUOMO


129 A.D.2d 800 (1987)

In the Matter of Harold W. Schwartz, Appellant, v. Mario Cuomo et al., Respondents

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

April 27, 1987


Ordered that the order is affirmed, without costs or disbursements.

The petitioner failed to show that the respondents misrepresented to the court the propriety of his notice of termination. Thus, the court correctly denied the petitioner's motion pursuant to CPLR 5015 (a) (3) to vacate the prior judgment.

We reject the petitioner's other claims. Those claims were either adjudicated on the prior judgment and appeal therefrom and are thus now barred by the...

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