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DAN'S SUPREME SUPERMARKETS, INC. v. REDMONT REALTY COMPANY

261 A.D.2d 353 (1999)

690 N.Y.S.2d 272

DAN'S SUPREME SUPERMARKETS, INC., Appellant, v. REDMONT REALTY COMPANY, Respondent.

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

Decided May 3, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the plaintiff's motion which was to vacate the order and judgment entered October 31, 1996, based on newly discovered evidence. The evidence claimed to be "newly discovered" could have been discovered prior to the entry of the order and judgment granting the defendant's motion for summary judgment (see, Matter of Carroll...

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