Plaintiff's new evidence showing an ex parte communication initiated by plaintiff's attorney with the trial court does not warrant vacatur of the judgment, since the communication, which was made after the trial court had issued its decision to dismiss the action at the close of plaintiff's evidence, did not concern "the merits of the cause" (Code of Professional Responsibility DR 7-110 [b] [22 NYCRR 1200.41 (b)]), but rather the purely procedural matter of applying for an...
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