Reinstatement of Wrongful Death lawsuit

[reactor]

What is the name of your state (only U.S. law)? NY

My family had a wrongful death/medical malpractice lawsuit in NY for a family member. The case was lost due to the fact that the physican recanted his testimony at the last minute. The case was appealed and lost and currently is being reappealed. In the meantime, some dramatic new evidence has come to light that the physician lied when he recanted his testimony. The case origianlly was decided 19 months ago. Is there any statue of limitations or any case law that will entitle the attorney to write the court and original judge asking the judge to set aside the verdict based on the newly found evidence?

 

[swalsh411]

What makes you think the physician that you believe lied will testify for you again? Especially when doing so would be admitting perjury.

 

[Adam G]

What is the name of your state (only U.S. law)? NY

My family had a wrongful death/medical malpractice lawsuit in NY for a family member. The case was lost due to the fact that the physican recanted his testimony at the last minute. The case was appealed and lost and currently is being reappealed. In the meantime, some dramatic new evidence has come to light that the physician lied when he recanted his testimony. The case origianlly was decided 19 months ago. Is there any statue of limitations or any case law that will entitle the attorney to write the court and original judge asking the judge to set aside the verdict based on the newly found evidence?

The thing that makes it complicated is that it went up on appeal. I dont know if you would file the motion in the trial or appellate court.


CPLR R. 5015 provides:

5015(A)(1)(4)

CPLR R. 5015 Relief from judgment or order
(a) On motion
(1) excusable default...
(2) newly-discovered evidence...
(3) fraud, misrepresentation, or other misconduct of an adverse party
(4) lack of jurisdiction to render the judgment or order
(5) reversal, modification or vacatur of a prior judgment or order upon which it is based