In re Holden

Appellate Division of the Supreme Court of New York

In re Holden

243 A.D. 543

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1934

StatusPublished

Cited by1 cases

This text of 243 A.D. 543 (In re Holden) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Holden, 243 A.D. 543 (N.Y. Ct. App. 1934).

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Opinion

Matter referred to Hon. James C. Van Siclen, official referee, to hear and to report with his opinion. This situation comes within the doctrine stated by Bartlett, J., in Matter of City of New York (209 N. Y. 127, 132, 133). The showing that was not made in that case is made here. It indicates that the orders sought to be vacated were induced by a fraud upon the court. Of course respecting that showing there is a question of fact. The court has the power in furtherance of justice to vacate its order where it is founded upon a paper that was procured by fraud, and to permit proof of such alleged fraud to be adduced in the proceeding in which the order was made. (Matter of Waters, 183 App. Div. 840, 854.) This course avoids multiplicity of actions and promotes wholesomeness in the administration of justice. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ.

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Matter referred to Hon. James C. Van Siclen, official referee, to hear and to report with his opinion. This situation comes within the doctrine stated by Bartlett, J., in Matter of City of New York (209 N. Y. 127, 132, 133). The showing that was not made in that case is made here. It indicates that the orders sought to be vacated were induced by a fraud upon the court. Of course respecting that showing there is a question of fact. The court has the power in furtherance of justice to vacate its order where it is founded upon a paper that was procured by fraud, and to permit proof of such alleged fraud to be adduced in the proceeding in which the order was made. (Matter of Waters, 183 App. Div. 840, 854.) This course avoids multiplicity of actions and promotes wholesomeness in the administration of justice. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ.

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Bluebook (online)

243 A.D. 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-holden-nyappdiv-1934.

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