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MATTER OF LEDERER

254 A.D.2d 489 (1998)

679 N.Y.S.2d 833

In the Matter of The Estate of Walter Lederer, Deceased. Eleanor Tenyenhuis, Respondent; Mary A. Pistilli et al., Appellants

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

October 26, 1998

Ordered that the orders are affirmed, without costs or disbursements.

The Surrogate's Court properly denied the appellants' respective motions to renew on the basis of "newly-discovered evidence". The appellants failed to proffer any evidence that the purported new evidence could not have been discovered through the exercise of due diligence (see, Structural Concrete Corp. v Campbell Assocs. Corp., 224 A.D.2d 516)...

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