Legal Opinion
In re Ayodele Ademoli J.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 5 opinions
1Opinion of the Court
The Family Court did not improvidently exercise its discretion in denying the appellant’s motion pursuant to CPLR 5015 (a) (2). CPLR 5015 (a) (2) provides that the court that issues an order may relieve a party from it upon such terms as may be *669just where newly-discovered evidence exists which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial. Newly-discovered evidence is evidence which was in existence but undiscoverable with due diligence at the time of judgment (see Sieger v Sieger, 51 AD3d…
2Cases cited4 opinions
- Sieger v. SiegerAppellate Division of the Supreme Court of the State of New York · 2008
- In re Jenna R.Appellate Division of the Supreme Court of the State of New York · 1994
- Pezenik v. MilanoAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of CatapanoAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Wall Street Mortgage Bankers, Ltd. v. RodgersAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Monasterska v. BurnsAppellate Division of the Supreme Court of the State of New York · 2014
- Chase Home Finance, LLC v. QuinnAppellate Division of the Supreme Court of the State of New York · 2012
- Chase Home Finance, LLC v. QuinnAppellate Division of the Supreme Court of the State of New York · 2012
- Luna v. Ponce Funeral Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2019