HERMAN v. HERMAN

650205/11-950354/13, 10892NB, 10892NA, 10892N.

179 A.D.3d 594 (2020)

114 N.Y.S.3d 649

2020 NY Slip Op 00538

Rosemarie A. Herman et al., Respondents, v. Julian Maurice Herman et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided January 28, 2020.


In support of their motion to vacate the judgment under CPLR 5015(a)(2), defendants failed to demonstrate that their newly discovered evidence (i.e., an affidavit from the parties' uncle) could not have been found earlier with due diligence, was material, and would probably have produced a different result (see Olwine, Connelly, Chase, O'Donnell & Weyher v Valsan, Inc., 226 A.D.2d 102, 103 [1st Dept 1996]), since Maurice's answer...

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