SEC. PAC. BUS. CREDIT, INC. v. ROBBINS


201 A.D.2d 431 (1994)

607 N.Y.S.2d 678

Security Pacific Business Credit, Inc., Respondent, v. David L. Robbins, Defendant, and Alfred Cohen et al., Appellants. (And a Third-Party Action.)

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

February 24, 1994


After the remainder beneficiaries of a trust assigned to plaintiff commenced a civil action seeking to invalidate that assignment, the Cohens sought to vacate the judgment in favor of plaintiff on a promissory note. The IAS Court properly denied this relief since the purported unenforceability of the assignment did not constitute newly discovered evidence pursuant to CPLR 5015 (a) (2) and in any case, the Cohens' belated attempt...

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