VINOKUR v. PENNY LANE OWNERS CORP.


269 A.D.2d 226 (2000)

703 N.Y.S.2d 35

DANIEL VINOKUR, Appellant-Respondent, v. PENNY LANE OWNERS CORP. et al., Respondents-Appellants, and GMAC MORTGAGE CORP., Respondent.

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

Decided February 15, 2000.


The action was properly dismissed on the ground that plaintiff's claims, including that the warrant of eviction was obtained fraudulently, should have been raised in the Civil Court proceeding that resulted in the issuance of the warrant. A litigant's remedy for alleged fraud in the course of a legal proceeding "lies exclusively in that lawsuit itself, i.e., by moving pursuant to CPLR 5015 to vacate the civil judgment due to its fraudulent procurement, not a second plenary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases