CENTURY BUSINESS CREDIT CORPORATION v. MULLER


300 A.D.2d 34 (2002)

751 N.Y.S.2d 20

CENTURY BUSINESS CREDIT CORPORATION, Respondent, v. N. NORMAN MULLER, Appellant, et al., Defendant.

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

Decided December 5, 2002.


Defendant's "newly discovered" evidence consisted solely of facts which were previously known and argued, and therefore did not provide a basis for vacatur (see Richard B. v Sandra B.B., 209 A.D.2d 139, 144, lv dismissed 87 N.Y.2d 861). In any event, the "new" evidence, which purported to show a failure or delay by plaintiff in declaring a default of the guarantees or underlying...

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