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PUTNAM COUNTY NAT'L BANK OF CARMEL v. SIMPSON

204 A.D.2d 297 (1994)

614 N.Y.S.2d 149

Putnam County National Bank of Carmel, Respondent, v. Richard Simpson, Also Known as Richard Simpson, Jr., et al., Appellants, et al., Defendants

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

May 2, 1994

Ordered that the order is affirmed, with costs.

We agree with the appellants' general contention that a court which renders a judgment possesses broad, inherent discretion to vacate it on such terms as are just (see, CPLR 5015 [a]; see, Ladd v Stevenson, 112 N.Y. 325). However, in this case, even assuming that the appellants' claims make out extrinsic fraud in the procurement of the default judgment...

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