How can I prevent Res Judicata in a new trial with same issues?
Can I prevent Res Judicata if there was fraud in the prior case, if there is new evidence?
Asked on 9/19/97, 8:23 pm
2 Answers from Attorneys
Ross Scott
W. Ross Scott Law Firm
How can I prevent Res Judicata in a new trial with same issues?
In NY, if the fraud was perpetrated on the court by opposing counselI would move to vacate the judgment. What is the basis for a new trial?
Answered on 9/19/97, 9:24 pm
Gregory Brittain
Gregory W. Brittain, Attorney at Law
I think you're SOL
If it is the alleged fraud, but you have newevidence, think you're SOL, unless you are within the time to seek a new trial.
One other possibility is if the defendant concealed the evidence. I am not sure, but you might have some recourse then.
Answered on 9/20/97, 6:25 pm
