Opinion
February 27, 1989
Appeal from the Supreme Court, Westchester County (Beisner, J.).
Ordered that the judgment is affirmed, with one bill of costs.
The type of misconduct alleged by the plaintiffs to have occurred constitutes extrinsic fraud and does not trigger the exercise of the court's power pursuant to CPLR 5015 (a) (3) to vacate orders and judgments obtained by fraud, misrepresentation, or misconduct (see, Matter of Lockett v Juviler, 65 N.Y.2d 182; Averill v Averill, 129 A.D.2d 603). Thompson, J.P., Kunzeman, Spatt and Balletta, JJ., concur.