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LEHOCZKY v. NEW YORK STATE ELEC. & GAS CORP.

180 A.D.2d 994 (1992)

Elek Lehoczky et al., Appellants, v. New York State Electric & Gas Corporation et al., Respondents, et al., Defendant. (And Two Third-Party Actions.)

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

February 27, 1992

The arguments raised by plaintiffs in their pro se brief in support of the motion to vacate the judgment are essentially "newly-discovered evidence" (CPLR 5015 [a] [2]) arguments. Such evidence, however, must be material and likely to change the result if a new trial is granted and a court's determination in this regard will be overturned only if there was an abuse of discretion (see, Agarwal v Quail Homes, 120 A.D.2d 694<...

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