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MATTER OF STATE FARM INSURANCE COMPANY v. COLANGELO

44 A.D.3d 868 (2007)

843 N.Y.S.2d 667

In the Matter of STATE FARM INSURANCE COMPANY, Respondent, v. JEANNE COLANGELO et al., Respondents. NATIONAL CONTINENTAL INSURANCE COMPANY, Proposed Additional Respondent-Appellant, et al., Proposed Additional Respondents.

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

Decided October 16, 2007.

Ordered that the order is affirmed, with costs.

To succeed on a motion to vacate a judgment on the ground of newly-discovered evidence, the movant must establish, among other things, that the evidence could not have been discovered earlier through the exercise of due diligence (see CPLR 5015 [a] [2]; Roslyn Sav. Bank v Kline, 17 A.D.3d 441 [2005]; Kleet Lbr. Co., Inc. v Saw Horse Remodelers, Inc.,

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