Rubinow v. Harrington

Mikoll, J. P.

Appeal from an order of the Supreme Court (Ingraham, J.), entered June 13, 1991 in Broome County, which, inter alia, denied plaintiffs motion to reopen a prior judgment based on newly discovered evidence.

A grant of relief under CPLR 5015 (a) (2) reposes within the trial court’s discretion (Buckman v Perry’s Taxi, 24 AD2d 913). A party seeking such relief must show that the evidence could not have been discovered prior to trial and will probably produce a different result at trial. Supreme Court found that the two documents on which plaintiff based his motion to reopen the…