OTERO v. CITY OF NEW YORK


202 A.D.2d 332 (1994)

609 N.Y.S.2d 13

Anastasia Otero, Appellant, v. City of New York et al., Respondents

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

March 22, 1994


In the absence of an affidavit of merit, the IAS Court properly denied plaintiff's motion to vacate the prior order dismissing her complaint (Palmieri v Romat Realty Corp., 45 A.D.2d 948). In view of plaintiff's attorney's actual knowledge of the vacatur of her note of issue prior to service of the 90 day notice, we reject plaintiff's contention that the prior order was obtained through "extrinsic fraud", thus obviating the need...

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