Legal Question in Credit and Debt Law in New York

can a judgement be re oped after 9 years of not receving payment


Asked on 7/29/09, 10:20 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If I understand your question, you want to know if a judgment may be vacated even after a 9 year period.

The answer is yes, although it is difficult.

Under NY CPLR 5015, a judgment may be vacated at any time if there is newly discovered evidence which, if introduced at trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial or fraud, misrepresentation or other misconduct of an adverse party or lack of jurisdiction to render the judgment.

Mike.

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Answered on 8/04/09, 8:22 am


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