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MATTER OF AUGUSTYNIAK

166 A.D.2d 341 (1990)

In the Matter of Marian Z. Augustyniak et al., Appellants. Department of Housing Preservation and Development of the City of New York, Respondent

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

October 25, 1990

Appellants moved to vacate a judgment of ejectment entered in 1984 on the grounds that it was obtained through fraud and other misconduct. Absent a showing that they were not in possession of the evidence now presented at the time the case was litigated, these arguments present no more than a newly interposed theory of defense which could have been asserted prior to entry of judgment and do not warrant vacatur (see, Abacus...

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