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207 REALTY ASSOCIATES, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

45 A.D.3d 364 (2007)

845 N.Y.S.2d 285

207 REALTY ASSOCIATES, LLC, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and ELGENIA MITCHELL et al., Intervenor-Appellants, et al., Intervenor-Respondent.

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

Decided November 13, 2007.

Intervenors' assertion of fraud, misrepresentation or other misconduct (CPLR 5015 [a] [3]) was insufficient to vacate the prior order. There is no reason to disturb the court's determination that a member of petitioner had not deliberately withheld information regarding his involvement, 10 years earlier, with the mortgagee of that building. In any event, this member's prior involvement with the mortgagee would have had no effect on the prior order, since there is no evidence...

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