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RYAN v. ZHERKA

1447, 601678/97.

140 A.D.3d 500 (2016)

33 N.Y.S.3d 250

2016 NY Slip Op 04671

ROBERT RYAN, Respondent, v. SAM ZHERKA, Appellant, et al., Defendant.

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

Decided June 14, 2016.

The newly discovered evidence proffered by defendant to show that the judgment in plaintiff's favor was the result of a fraud upon the court is insufficient to warrant vacatur of the judgment with respect to the assault claim (see CPLR 5015 [a] [2], [3]; Prote Contr. Co. v Board of Educ. of City of N.Y., 230 A.D.2d 32, 39 [1st Dept 1997]). While the new evidence contradicts plaintiff's trial testimony that he did not contact...

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