Contrary to defendant's contentions the IAS court did not abuse its discretion in refusing to vacate the judgment of February 8, 1988 pursuant to CPLR 5015 (a) (2) and (3) on the ground of newly discovered evidence or fraud allegedly perpetrated by plaintiff in bringing the underlying action. The sole basis for the vacatur motion was a general release given by plaintiff to his employer, nonparty Atlantic Gulf and Pacific Company, as part of a $600,000 settlement, on November...
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