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WOORI AMERICAN BANK v. WINOPA INTERNATIONAL LTD.

63 A.D.3d 490 (2009)

879 N.Y.S.2d 711

WOORI AMERICAN BANK, Respondent, v. WINOPA INTERNATIONAL LTD. et al., Appellants.

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

Decided June 9, 2009.

Defendants were properly denied relief under CPLR 5015 (a) (2) since they did not show that their new evidence refuted the essential findings underlying the order and would probably have resulted in a different outcome (see Bongiasca v Bongiasca, 289 A.D.2d 121, 122 [2001]). The evidence submitted did not establish that the statements in question were fabricated (cf. McCarthy v Port...

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