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NORTH FORK BANK v. HAMPTONS MIST MGMT. CORP.

234 A.D.2d 434 (1996)

651 N.Y.S.2d 899

North Fork Bank, Formerly Known as Southold Savings Bank, Respondent, v. Hamptons Mist Management Corp. et al., Appellants

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

December 16, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants failed to establish the existence of any newly discovered evidence (see, CPLR 5015 [a] [2]) or that the respondent had engaged in "fraud, misrepresentation, or other misconduct" (CPLR 5015 [a] [3]). Accordingly, that branch of their motion which was to vacate certain prior orders and a judgment entered in the action was properly...

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