Biton v. Baxter Healthcare Corp.
Opinion of the Court
Were we to reach the merits, we would find that plaintiffs motion to restore was properly denied. After a delay of nearly 11 years, plaintiff failed to identify the allegedly “newly discovered” evidence upon which her motion was based.
We find that an injunction is warranted, in view of plaintiffs demonstrated proclivity for frivolous litigation and the vexatious nature of this litigation, as demonstrated by plaintiffs own submissions. Concur — Friedman, J.P., Acosta, Renwick, Richter and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.