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ORIX CREDIT ALLIANCE, INC. v. GRACE INDUSTRIES, INC.

274 A.D.2d 424 (2000)

711 N.Y.S.2d 765

ORIX CREDIT ALLIANCE, INC., Respondent, v. GRACE INDUSTRIES, INC., Appellant, et al., Defendants.

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

Decided July 10, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion to vacate an order and judgment on the ground of newly-discovered evidence (see, CPLR 5015 [a] [2]), as the alleged newly-discovered evidence could have been discovered before the entry of the judgment (see, Dan's Supreme Supermarkets v Redmont Realty Co.,

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