Ordered that the order is affirmed insofar as appealed from, with costs.
After the appellant failed to appear for trial in 1999, a judgment was entered upon his default. In 2003 the appellant moved pursuant to CPLR 5015 (a) (2) to vacate the judgment, based upon a claim of newly-discovered evidence. However, in order to vacate a judgment under this provision, a moving party must demonstrate that the evidence could not have been discovered earlier through the exercise...
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