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MARINE MIDLAND BANK v. CRAMER

177 A.D.2d 1009 (1991)

Marine Midland Bank N. A., Respondent, v. Morris Cramer, Appellant

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

November 15, 1991

Order unanimously affirmed without costs.

Memorandum:

Defendant failed to establish that the alleged newly discovered evidence, offered on his motion to vacate plaintiff's judgment against him (see, Marine Midland Bank v Daubney Bowling Enters., 136 A.D.2d 963, lv denied 72 N.Y.2d 810), could not have been discovered prior to judgment through the exercise of ordinary diligence or that the proffered evidence...

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