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RAPPOLD v. WAGNER

244 A.D.2d 856 (1997)

668 N.Y.S.2d 111

Colleen Rappold, as Administratrix of The Estate of Patricia Rappold, Deceased, Appellant, v. David H. Wagner et al., Appellants. (Appeal No. 4.)

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

November 19, 1997

Appeal from order insofar as it denied resettlement unanimously dismissed and order affirmed without costs.

Memorandum:

Supreme Court properly denied defendants' motions to vacate the judgment pursuant to CPLR 5015 (a) (3). Defendants failed to establish fraud, misrepresentation or other misconduct by plaintiff that would warrant vacatur of the judgment. To the extent that the order denies defendants' motion to resettle a substantive portion of the judgment...

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