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AGARWAL v. QUAIL HOMES OF LONG ISLAND, INC.

120 A.D.2d 694 (1986)

Satish C. Agarwal et al., Appellants, v. Quail Homes of Long Island, Inc., et al., Respondents

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

May 27, 1986

Order affirmed, with costs.

On a motion for a new trial on the ground of newly discovered evidence, the movant must establish, inter alia, that the evidence, if introduced at trial, "would probably have produced a different result" (CPLR 5015 [a] [2]), and that it goes to the heart of the factual issues in the trial (Cesla v Frydman, 47 A.D.2d 742, appeal dismissed

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