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3910 SUPER K, INC. v. PENN. LUMBERMENS MUTUAL

Appellate Division of the Supreme Court of New York, Second Department.
Sep 11, 1995

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate that the newly discovered evidence, either separately or cumulatively, was of such a nature that, if introduced at trial, probably would have resulted in a different verdict (see, CPLR 5015 [a] [2]; Bertan v Richmond Mem. Hosp. Health Ctr., 131 A.D.2d 799). Therefore, their motion was properly denied. Copertino, J.P., Santucci, Altman and Friedmann, JJ., concur.