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ROSLYN SAVINGS BANK, Respondent, v. JOAN KLINE, Appellant, et al., Defendant.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the defendant's motion which was pursuant to CPLR 5015 (a) (2) to vacate the amended judgment of foreclosure and sale, as the defendant failed to show that the alleged newly-discovered evidence could not have been discovered with due diligence before entry of the judgment ( see Orix Credit Alliance v. Grace Indus., 274 AD2d 424; Dan's Supreme Supermarkets v. Redmont Realty Co., 261 AD2d 353).

The defendant's remaining contentions are without merit.

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ROSLYN SAVINGS BANK v. KLINE
(Apr 11, 2005)