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WEINSTOCK v. HANDLER

251 A.D.2d 184 (1998)

674 N.Y.S.2d 368

Israel Weinstock et al., Appellants, v. Emmerich Handler et al., Respondents

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

June 23, 1998

We agree with the trial court that the promissory note and other documentary evidence upon which plaintiffs now rely could have, with due diligence, been located or obtained prior to trial (CPLR 5015 [a] [2]; Prote Contr. Co. v Board of Educ., 230 A.D.2d 32). Moreover, the documents offered in support of the motion, to a great degree, do no more than raise issues as to the credibility of adverse witnesses and such issues in the present...

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