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Anna Pezhman v. Chanel, et al.

Paid petition · Court of Appeals of New York, No. 2018-698 · judgment September 18, 2018


Certiorari denied · November 13, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

When dealing with a motion to set aside a judgment based on fraud, misconduct and misrepresentation, must a court proffer reasons for its denial or can a court deny in a vacuum and still ensure that the demands of the Due Process Clause of the 14th Amendment have been met? Does the Balancing of Equities' Test, the New York Court of Appeals erected vis-à-vis the statute CPLR 5015, ensure that the requisites of the Due Process Clause of the 14th Amendment have been met? Can extrinsic or intrinsic fraud provide a basis to re-open a judgment? Does legal pertinence encompass concocting false allegations of racial and religious harassment at opportune moments to win summary judgment motions and does it encompass perjuring oneself upon direct examination by a judge on issues central to the Complaint?

Counsel of record

For petitioner
Anna Pezhman

For respondent
Kathleen M. McKenna
Proskauer Rose LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 12 2018
    Waiver of right of respondents Chanel, et al. to respond filed.
  4. Sep 26 2018
    Petition for a writ of certiorari filed. (Response due October 29, 2018)