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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.