GRINSHPUN v. BOROKHOVICH

3342N, 115376/10.

148 A.D.3d 447 (2017)

2017 NY Slip Op 01662

49 N.Y.S.3d 114

ARON GRINSHPUN et al., Respondents, v. GENNADY BOROKHOVICH, Also Known as EUGENE BOROKHOVICH, Appellant, et al., Defendant.

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

Decided March 7, 2017.


Defendant failed to show, in support of vacatur pursuant to CPLR 5015 (a) (2), that the agreements in which plaintiffs allegedly released him from liability "could not have been previously discovered by the exercise of due diligence" (Prote Contr. Co. v Board of Educ. of City of N.Y., 230 A.D.2d 32, 39 [1st Dept 1997]). Defendant has been in possession of the agreements since the inception of the litigation. While he claims that...

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