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NEW HEAVEN PROPERTIES LTD. v. GRINBERG

302 A.D.2d 331 (2003)

754 N.Y.S.2d 877

NEW HEAVEN PROPERTIES LTD., Respondent, v. SERGEY GRINBERG et al., Appellants, et al., Defendants.

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

Decided February 27, 2003.

Appellants failed to set forth grounds for vacatur of the judgment, which was based on a grant of summary judgment affirmed by this Court (293 A.D.2d 386 [2002]). The evidence, assuming, arguendo, it was newly discovered, related only to credibility and did not refute the essential findings underlying the judgment regarding appellants' claimed right to an offset, and thus would not have "probably...

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