New York Court of Appeals

The Mayor, Aldermen and Commonalty of the City of New York, Appellant v. John Brady, Respondents

October 8, 1889115 N.Y. 599

Summary

The Court of Appeals affirmed the lower court's rulings, holding that a court lacks authority to vacate judgments of a co‑ordinate court unless the fraud alleged was committed in the procurement of the judgment itself and the moving party was diligent in discovering any defense. The plaintiff's allegations of fraud in the contract's inception and performance were deemed insufficient and the complaint was dismissed.