Legal Opinion

Lehoczky v. New York State Electric & Gas Corp.

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

Decided February 27, 1992PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court (Swartwood, J.), entered May 15, 1991 in Chemung County, which, inter alia, denied plaintiff Elek Lehoczky’s motion for relief from certain prior judgments and orders.

The arguments raised by plaintiffs in their pro se brief in support of the motion to vacate the judgment are essentially "newly-discovered evidence” (CPLR 5015 [a] [2]) arguments. Such evidence, however, must be material and likely to change the result if a new trial is granted and a court’s determination in this regard will be overturned only if there was an abuse of discretion (see,…

2Cases cited4 opinions

  1. Lehoczky v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Suffolk Cement Products, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  3. Agarwal v. Quail Homes of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Lehoczky v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. S.A.B. Enterprises, Inc. v. Stewart's Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1997

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