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LITRAS v. LITRAS

271 A.D.2d 578 (2000)

707 N.Y.S.2d 340

BASIL G. LITRAS et al., Respondents, v. JOHN G. LITRAS, Individually and as Executor of GEORGE J. LITRAS, Deceased, et al., Appellants.

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

Decided April 17, 2000.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied the defendants' motion to vacate the judgment on the ground of newly-discovered evidence (see, CPLR 5015 [a] [2]). The defendants failed to show that the new evidence could not have been discovered before entry of the judgment with the exercise of due diligence (see, CPLR 5015 [a] [2]; Corpuel v Galasso,

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