CPLR R. 5015 Relief from judgment or order
(a) On motion.
The court which rendered a judgment or order may relieve a party from
it upon such terms as may be just, on motion of any interested person
with such notice as the court may direct, upon the ground of:
2.
newly-discovered evidence which, if introduced at the trial, would
probably have produced a different result and which could not have been
discovered in time to move for a new trial under section 4404
Woori Am. Bank v Winopa Intl. Ltd., 2009 NY Slip Op 04734 (App. Div., 1st, 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 AD2d 121, 122 [2001]). The evidence submitted did not establish that the statements in question were fabricated (cf. McCarthy v Port of N.Y. Auth.,
21 AD2d 125, 127 [1964]). In any event, Justice Heitler's determination
did not rest solely on those statements, but also on defendants'
initial failure to deny their indebtedness and their inability to offer
any other evidence that they had made the payments as they claimed.
The bold is mine.
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