Opinion
September 25, 2001.
Orders, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about August 2, 2000 and April 5, 2001, which, inter alia, denied plaintiff's application to vacate judgment in defendants' favor, and denied her motion for partial summary judgment, respectively, unanimously affirmed, with separate bills of costs.
Daniel J. O'Callaghan, for plaintiff-appellant.
Geri S. Krauss, for defendants-respondents.
Before: Nardelli, J.P., Williams, Tom, Andrias, Marlow, JJ.
Plaintiff's application pursuant to CPLR 5015(a)(3), seeking to vacate the judgment dismissing her complaint entered in March 1992 and shortly thereafter affirmed by this Court ( 188 A.D.2d 386,appeal dismissed 81 N.Y.2d 1006, lv denied 83 N.Y.2d 759, rearg denied 84 N.Y.2d 851), was properly rejected in the absence of any factual support for plaintiff's claim of misrepresentation or other misconduct by defendant. Plaintiff's second motion, made with the motion court's permission upon condition that she show that the claim made therein had been raised in her originalpleadings, was properly denied absent such a showing, and, in any event, such claim is barred by res judicata (see,O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357).
Motion seeking to strike certain unreported decisions denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.