Latora v. Ferreira

Summary

The Appellate Division, Second Department, affirmed an order enforcing a judgment that required the defendant to specifically perform a contract for the sale of real property. The court rejected the defendant’s arguments that enforcement was unnecessary in light of an earlier appellate decision and that the plaintiff had committed fraud on the court.

Holdings

1. The plaintiff's motion to enforce the judgment through a directive requiring the defendant to execute a deed was not unnecessary, notwithstanding the Appellate Division's earlier reversal of a specific-performance order in the prior action.
2. The plaintiff did not perpetrate a fraud on the court by seeking enforcement of the judgment directing execution and delivery of a deed.

Questions Presented

1. Whether the plaintiff's motion to enforce the judgment through a directive requiring the defendant to execute a deed was unnecessary in light of the Appellate Division's earlier reversal of a specific-performance order in the prior action.
2. Whether the plaintiff perpetrated a fraud on the court by seeking enforcement of the judgment through a directive requiring execution of a deed.

Disposition

affirmed