· 5/23/1980
D'Uva v. Wheeler
Citations
- 104 Misc. 2d 367
- 428 N.Y.S.2d 437
- 1980 N.Y. Misc. LEXIS 2281
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that Microsoft applies when there are “similar statutory restrictions [to Rule 23(f)] that would be adversely affected by permitting voluntary dismissal of claims with prejudice”
- noting that “a party seeking to establish fraud on the court must meet a high standard” and must demonstrate “fraudulent conduct . . . [that] harmed the integrity of the judicial process” (citation omitted)
- “To prevail, the moving party must prove by clear and convincing evidence that the verdict was obtained through fraud, misrepresentation, or other misconduct.” (citation modified)
Source: CourtListener parenthetical corpus (CC0).
Judges: Ferraro
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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