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IN THE MATTER OF JONATHAN B
Appellate Division of the Supreme Court of New York, First Department.
Oct 14, 2004
The motion was properly denied for failure to show that the new witness could not have been earlier discovered in the exercise of due diligence, and that, in any event, the new witness's probable testimony, as indicated in her affidavit, was essentially cumulative of appellant's testimony and probably would not have produced a different result at trial (CPLR 5015 [a] [2]).
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