INMAN v. SCARSDALE SHOPPING CENTER ASSOCIATES, LLC

2016-08433, Index No. 60115/12.

149 A.D.3d 1051 (2017)

2017 NY Slip Op 03159

50 N.Y.S.3d 884

CYNTHIA R. INMAN et al., Respondents, v. SCARSDALE SHOPPING CENTER ASSOCIATES, LLC, Doing Business as GOLDEN HORSESHOE SHOPPING CENTER, et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2017.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the defendants' motion which was pursuant to CPLR 5015 (a) (2) to vacate a judgment dated November 25, 2014, in favor of the plaintiffs and against them. While the defendants submitted evidence in support of their motion that they claimed was newly discovered, "[e]vidence which is a matter of public record is generally...

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