Pursuant to the judgment sought to be vacated, Supreme Court granted defendants' motion for summary judgment and dismissed the complaint on the ground that the claims of plaintiff RST Resources, Inc. (RST) were barred by releases executed by RST's former president Laurence Mutakasha. To prevail on its motion to vacate the judgment, plaintiff was required to show, inter alia, that the new evidence—i.e., the matters asserted in the Mutakasha affidavit—would "probably...
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