No. 18-402

Anna Pezhman v. Chanel, et al.

Lower Court: New York
Docketed: 2018-09-28
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment court-denial due-process due-process-clause fraud fraud-motion judgment judgment-set-aside legal-pertinence misconduct misrepresentation motion-to-set-aside-judgment
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2018-11-09
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. 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? 2. Does the Balancing of Equities’ Test, the New York Court of Appeals erected vis-a-vis the statute CPLR 5015, ensure that the requisites of the Due Process Clause of the 14th Amendment have been met? : : 3. Can extrinsic or intrinsic fraud provide a basis to re-open a judgment? 4. 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?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-12
Waiver of right of respondents Chanel, et al. to respond filed.
2018-09-26
Petition for a writ of certiorari filed. (Response due October 29, 2018)

Attorneys

Anna Pezhman
Anna Pezhman — Petitioner
Anna Pezhman — Petitioner
Chanel, et al.
Kathleen M. McKennaProskauer Rose LLP, Respondent
Kathleen M. McKennaProskauer Rose LLP, Respondent