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3910 SUPER K, INC. v. PENNSYLVANIA LUMBERMENS MUT. INS. CO.

219 A.D.2d 588 (1995)

631 N.Y.S.2d 520

3910 Super K, Inc., et al., Appellants, v. Pennsylvania Lumbermens Mutual Insurance Company et al., Respondents, et al., Defendant

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

September 11, 1995

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate that the newly discovered evidence, either separately or cumulatively, was of such a nature that, if introduced at trial, probably would have resulted in a different verdict (see, CPLR 5015 [a] [2]; Bertan v Richmond Mem. Hosp. & Health Ctr., 131 A.D.2d 799). Therefore, their motion was...

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