Grinshpun v. Borokhovich

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered November 9, 2015, which denied defendant Gen-nady Borokhovich’s motion to vacate the default judgment entered November 11, 2011, unanimously affirmed, with costs.

Defendant failed to show, in support of vacatur pursuant to CPLR 5015 (a) (2), that the agreements in which plaintiffs allegedly released him from liability “could not have been previously discovered by the exercise of due diligence” (Prote Contr. Co. v Board of Educ. of City of N.Y., 230 AD2d 32, 39 [1st Dept 1997]). Defendant has been in possession of the…