SLOAN v. DIAMOND


191 A.D.2d 226 (1993)

595 N.Y.S.2d 678

Stephen Sloan et al., Appellants, v. Stanley Diamond et al., Respondents

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

March 9, 1993


Plaintiffs did not demonstrate fraud, collusion, mistake, accident, surprise or other similar ground for vacatur (see, Matter of Frutiger, 29 N.Y.2d 143, 150). The underlying litigation was discontinued with prejudice by the terms of the stipulation and a second stipulation in a related action. Facts pertinent to the underlying litigation were therefore immaterial (Newman v Holland, 178 A.D.2d 866<...

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