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FERDICO v. ZWEIG

2010-01945.

82 A.D.3d 1151 (2011)

919 N.Y.S.2d 521

ENRICO FERDICO et al., Respondents, v. JOEL ZWEIG, as Executor of MORRIS ZWEIG, Deceased, et al., Respondents, and BRIAN MULLEN et al., Appellants. FARRELL FRITZ, P.C., Nonparty Respondent.

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

Decided March 29, 2011.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court providently exercised its discretion in denying that branch of the cross motion of the defendants Brian Mullen and Marybeth Mullen (hereinafter together the Mullens) which was to vacate a judgment dated March 11, 2009, pursuant to CPLR 5015 (a) (2). The Mullens failed to establish, inter alia, that the purportedly newly discovered evidence, a report of an alleged...

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