Commercial Litigation and Arbitration

Alleged Legal Malpractice Is Not a Sufficient Ground for Reconsideration under Rule 60(b)

From Aponte v. City of N.Y. Dep’t of Corrections, 377 Fed. Appx. 99 (2d Cir. 2010):

Rule 60(b)(2) provides, in relevant part, that a motion for relief from a judgment or order may be granted based on "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b)." We review a district court order denying a Rule 60(b) motion for abuse of discretion. See Transaero, Inc. v. La Fuerza Aerea Boliviana, 162 F.3d 724, 729 (2d Cir. 1998). Relief pursuant to Rule 60(b) is available only in "exceptional circumstances." Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (internal quotation marks omitted). *** The district court did not abuse its discretion by denying Appellant's Rule 60(b) motion for reconsideration because it was premised on the legal malpractice of counsel and not the merits of the underlying litigation.

Share this article:


Recent Posts