PIZZI v. ANZALONE (1999)

Supreme Court, Appellate Division, Second Department, New York.

Robert PIZZI, respondent, v. Anthony ANZALONE, et al., appellants.

Decided: May 03, 1999

DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY and NANCY E. SMITH, JJ.

Gladstein & Isaac, New York, N.Y. (Dennis M. Karsch, Emily Diamond, and Brian J. Isaac of counsel), for appellants. Cheriff, Cheriff & Fink, P.C., New York, N.Y. (Bernard Cheriff and Kenneth S. Fink of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (G. Aronin, J.), dated March 5, 1998, which granted the plaintiff's motion, inter alia, pursuant to CPLR 5015(a)(3) to set aside a verdict in their favor and against him, and ordered a new trial.

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, 531 N.Y.S.2d 623; Trapp v. American Trading & Prod. Corp., 66 A.D.2d 515, 414 N.Y.S.2d 11; Cohen v. Crimenti, 24 A.D.2d 587, 262 N.Y.S.2d 364).

MEMORANDUM BY THE COURT.

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