Pizzi v. Anzalone

Full title: ROBERT PIZZI, Respondent, v. ANTHONY ANZALONE et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 1999

261 A.D.2d 374 (N.Y. App. Div. 1999)

689 N.Y.S.2d 224

Opinion

May 3, 1999

Appeal from the Supreme Court, Kings County (G. Aronin, J.).

Ordered that the order is affirmed, with costs.

In light of the posttrial admissions by the defendant Anthony Anzalone that he testified untruthfully at trial as to factual matters material to the verdict; the Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion, inter alia, pursuant to CPLR 5015 (a) (3) to set aside the verdict on the ground that it had been procured by fraud, misrepresentation, or other misconduct, and ordering a new trial (see, LaPaglia v. Sears Roebuck Co., 143 A.D.2d 173; Trapp v. American Trading Prod. Corp., 66 A.D.2d 515; Cohen v. Crimenti, 24 A.D.2d 587).

Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.