ROSLYN SAVINGS BANK v. KLINE


17 A.D.3d 441 (2005)

792 N.Y.S.2d 332

ROSLYN SAVINGS BANK, Respondent, v. JOAN KLINE, Appellant, et al., Defendant.

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

April 11, 2005.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the defendant's motion which was pursuant to CPLR 5015 (a) (2) to vacate the amended judgment of foreclosure and sale, as the defendant 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.D.2d 424

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