Legal Opinion

Silva v. Savo

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2012Published

1Opinion of the Court

*526Pursuant to CPLR 4404 (b), after a trial not triable as of right by a jury, upon the motion of any party or on its own initiative, the court may set aside its decision and issue a new decision based on, inter alia, newly-discovered evidence (see Matter of Torregroza v Gomez, 85 AD3d 932, 933 [2011]; Stambaugh v Stambaugh, 226 AD2d 363 [1996]; Grossbaum v Dil-Hill Realty Corp., 58 AD2d 593, 594 [1977]). Pursuant to CPLR 5015 (a), “[t]he 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…

2Cases cited6 opinions

  1. Grossbaum v. Dil-Hill Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Panteleon v. AmayaAppellate Division of the Supreme Court of the State of New York · 2011
  3. Stambaugh v. StambaughAppellate Division of the Supreme Court of the State of New York · 1996
  4. Aglow Studios, Inc. v. KarlssonAppellate Division of the Supreme Court of the State of New York · 2011
  5. Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1989

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