Legal Opinion
Weinstock v. Handler
Appellate Division of the Supreme Court of the State of New York
Decided June 23, 1998PublishedCited by 14 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered November 24, 1997, which denied plaintiffs’ motion pursuant to CPLR 5015 (a) (2) and (3) to vacate a judgment of the same court and Justice, entered July 23, 1996, after a nonjury trial, dismissing their complaint, unanimously affirmed, with costs.
We agree with the trial court that the promissory note and other documentary evidence upon which plaintiffs now rely could have, with due diligence, been located or obtained prior to trial (CPLR 5015 [a] [2]; Prote Contr. Co. v Board of Educ., 230 AD2d 32). Moreover, the documents…
2Cases cited3 opinions
- Prote Contracting Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1997
- Gonzalez v. ChalpinAppellate Division of the Supreme Court of the State of New York · 1996
- Texido v. S & R Car Rentals Toronto, Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by14 opinions
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- Bongiasca v. BongiascaAppellate Division of the Supreme Court of the State of New York · 2001
- Cantor Fitzgerald Inc. v. Cantor Fitzgerald SecuritiesAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of Nieblas-Love v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
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