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EXCLUSIVE ENVELOPE CORP. v. TAL-SPONS CORP
Appellate Division of the Supreme Court of New York, Second Department.
Nov 16, 1992
Ordered that the order is affirmed, with costs.
We find that the trial court did not improvidently exercise its discretion in denying the defendants' motion to vacate the judgment pursuant to CPLR 5015 (a) (2) on the ground of alleged newly-discovered evidence (see, Matter of Zappala v Hann, 175 A.D.2d 596). The defendants failed to demonstrate that the evidence in question could not have been timely discovered with reasonable diligence (see, CPLR 5015 [a] [2]). Mangano, P.J., Eiber, Ritter and Santucci, JJ., concur.
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