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EXCLUSIVE ENVELOPE CORP. v. TAL-SPONS CORP.

187 A.D.2d 555 (1992)

Exclusive Envelope Corp., Respondent, v. Tal-Spons Corp. et al., Appellants. (Matter No. 1.) In the Matter of Tal-Spons Corp., Appellant, v. Exclusive Envelope Corp., Respondent. (Matter No. 2.)

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

November 16, 1992

Ordered that the order is affirmed, with costs.

We find that the trial court did not improvidently exercise its discretion in denying the defendants' motion to vacate the judgment pursuant to CPLR 5015 (a) (2) on the ground of alleged newly-discovered evidence (see, Matter of Zappala v Hann, 175 A.D.2d 596). The defendants failed to demonstrate that the evidence in question...

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