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CDR CRÉANCES S.A.S. v. COHEN

No. 81

23 N.Y.3d 307 (2014)

15 N.E.3d 274

991 N.Y.S.2d 519

2014 NY Slip Op 3294

CDR CRÉANCES S.A.S., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. MAURICE COHEN, Appellant, et al., Defendants. CDR CRÉANCES S.A.S., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. LEON COHEN, Also Known as LEON LEVY and Others, et al., Appellants, et al., Defendants.

Court of Appeals of New York.

Decided May 8, 2014.

Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky LLP, New York City ( David S. Pegno of counsel), for appellants in the first and second above-entitled actions.

Kellner Herlihy Getty & Friedman LLP, New York City ( Douglas A. Kellner of counsel), and Lewis Johs Avallone Aviles, LLP, Islandia ( Robert J. Cimino and Robert A. Lifson of counsel), for respondent in the first and second above-entitled actions.

OPINION OF THE COURT

RIVERA, J.

In this appeal we conclude that where a court finds, by clear and convincing evidence, conduct that constitutes fraud on the court, the court may impose sanctions including, as in this case, striking pleadings and entering default judgment against the offending parties to ensure the continuing integrity of our judicial system. With one exception, the record on this appeal supports...

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