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ZACCARIA v. RUSSELL

288 A.D.2d 468 (2001)

733 N.Y.S.2d 878

RUSSELL ZACCARIA, Appellant, v. ANNA R. RUSSELL et al., Respondents.

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

Decided November 26, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to vacate the judgment pursuant to CPLR 5015 (a) (2), as the plaintiff failed to show that the alleged newly-discovered evidence could not have been discovered with due diligence before entry of the judgment (see, Orix Credit Alliance v Grace Indus., 274 A...

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