MATTER OF BALLROOM PRODS., INC. v. ABRAMS


96 A.D.2d 1099 (1983)

In the Matter of Ballroom Productions, Inc., et al., Appellants, v. Robert Abrams et al., Respondents Incorporated Village of Roslyn, Respondent, v. Ballroom Productions, Inc., et al., Appellants

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

September 26, 1983


Order affirmed, with costs.

The denial of appellants' motion for a new trial on the ground of newly discovered evidence was not an abuse of discretion inasmuch as appellants failed to demonstrate that the evidence would probably have produced a different result had it been introduced at trial or that the evidence could not have been discovered in time to move for a new trial under CPLR 4404 (CPLR 5015, subd [a], par 2; see, also, Levantino v Insurance Co. of North...

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