50 Cited authorities

Woodson v. Mendon Leasing Corp.
100 N.Y.2d 62 (N.Y. 2003) Cited 1,102 times
In Woodson v Mendon Leasing Corp. (100 NY2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a 'nullity.'"
Standard Oil Co. of Cal. v. United States
429 U.S. 17 (1976) Cited 345 times
Holding that it is well-settled that "the District Court may entertain a Rule 60(b) motion without leave by this Court" even if the appellate court has already decided an appeal of the complained-of judgment
Teitelbaum Holdings v. Gold
48 N.Y.2d 51 (N.Y. 1979) Cited 421 times
Interpreting settlement agreement pursuant to rules governing the construction of contracts
Bray v. Cox
38 N.Y.2d 350 (N.Y. 1976) Cited 407 times
Holding that "the dismissal of an appeal for want of prosecution [is] on the merits of all claims which could have been litigated had the appeal been timely argued or submitted"
Steering Comm. v. Port Auth. of New York (In re World Trade Ctr. Bombing Litig. )
2011 N.Y. Slip Op. 6501 (N.Y. 2011) Cited 135 times
Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"
Fed. Dep. Ins. Corp. v. Un. Pac. Ins. Co.
152 F.3d 1266 (10th Cir. 1998) Cited 165 times
Holding that a double recovery constitutes "extraordinary circumstances" warranting relief under Rule 60(b)
Lacks v. Lacks
41 N.Y.2d 71 (N.Y. 1976) Cited 231 times
In Lacks v Lacks, we dismissed "a line of decisions dating back to the last century and continuing into the present" on the ground that we spoke with "less than perfect meticulousness" when we used the phrase "jurisdiction" (41 N.Y.2d at 74).
Environmental v. Larchwood Corp.
101 A.D.2d 591 (N.Y. App. Div. 1984) Cited 121 times
May 29, 1984 Appeal from the Supreme Court, Suffolk County, Frank De Luca, J. Ingerman, Smith, Greenberg Gross ( Jonathan Heidelberger and Bernard C. Smith of counsel), for appellant. Lynn, Ledwith Quinlan ( Robert P. Lynn, Jr., of counsel), for respondents. TITONE, J.P. In this action to recover damages for breach of contract and for violation of the trust fund provisions of sections 70 Lien and 71 Lien of the Lien Law, the plaintiff appeals from an order of the Supreme Court, Suffolk County, which
People v. Tran
80 N.Y.2d 170 (N.Y. 1992) Cited 72 times
In Bac Tran (80 N.Y.2d 170), the defendant Tran was the fire safety director of two Manhattan hotels with outstanding fire safety violations.
Dealy-Doe-Eyes v. Schur
53 A.D.3d 738 (N.Y. App. Div. 2008) Cited 42 times
July 3, 2008. Appeal from an order of the Supreme Court (Aulisi, J.), entered May 25, 2007 in Fulton County, which denied plaintiffs motion to vacate a prior order of the court. Before: Mercure, J.P., Rose, Malone Jr. and Kavanagh, JJ. Kane, J. In this legal malpractice action, this Court previously affirmed the denial by Supreme Court (Best, J.) of, among other things, the parties' motions for summary judgment ( 16 AD3d 873). Thereafter, a jury trial was convened in December 2005 and, at the close
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,562 times 146 Legal Analyses
Granting relief from the operation of a judgment
Section 60-260 - Relief from judgment or order
Kan. Stat. § 60-260 Cited 336 times
Recognizing and not limiting "a court's power to . . . set aside a judgment for fraud on the court"
Rule 60 - Relief From Judgment or Order
Vt. R. Civ. P. 60 Cited 114 times
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the Supreme Court, and thereafter while the appeal is pending may be so corrected with leave of the Supreme Court

Linda P. Nash, Appellant,v.The Port Authority of New York and New Jersey, Respondent.

50 Cited authorities

In Woodson v Mendon Leasing Corp. (100 NY2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a 'nullity.'"

Holding that it is well-settled that "the District Court may entertain a Rule 60(b) motion without leave by this Court" even if the appellate court has already decided an appeal of the complained-of judgment

Interpreting settlement agreement pursuant to rules governing the construction of contracts

Holding that "the dismissal of an appeal for want of prosecution [is] on the merits of all claims which could have been litigated had the appeal been timely argued or submitted"

Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"

Holding that a double recovery constitutes "extraordinary circumstances" warranting relief under Rule 60(b)

In Lacks v Lacks, we dismissed "a line of decisions dating back to the last century and continuing into the present" on the ground that we spoke with "less than perfect meticulousness" when we used the phrase "jurisdiction" (41 N.Y.2d at 74).

In Bac Tran (80 N.Y.2d 170), the defendant Tran was the fire safety director of two Manhattan hotels with outstanding fire safety violations.

Granting relief from the operation of a judgment

Recognizing and not limiting "a court's power to . . . set aside a judgment for fraud on the court"