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PERFUME CTR. OF AM., INC. v. BHUIYAN, INC.

570527/07.

2008 NY Slip Op 51617 (U)

PERFUME CENTER OF AMERICA, INC., Plaintiff-Appellant, v. BHUIYAN, INC., Defendant-Respondent.

Appellate Term of the Supreme Court of New York, First Department.

Decided July 28, 2008.

PER CURIAM.

While we agree with the motion court that the post-trial documentary evidence submitted by defendant did not constitute newly discovered evidence (see CPLR 5015[a][2]), it was sufficiently indicative of fraud, misconduct or misrepresentation to warrant vacatur of the judgment pursuant to CPLR 5015(a)(3) (see Shouse v. Lyons, 4 A.D.3d 821 [2004]; Prizzi v. Anzalone, 261 A.D.2d 374...

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