Agarwal v. Quail Homes of Long Island, Inc.

— In an action to recover damages for breach of contract, the plaintiffs appeal from an Order of the Supreme Court, Orange County (Palella, J.), dated April 29, 1985, which denied their motion to vacate a judgment of the same court, entered February 8, 1984, and grant a new trial, on the ground of newly discovered evidence.

Order affirmed, with costs.

On a motion for a new trial on the ground of newly discovered evidence, the movant must establish, inter alia, *695that the evidence, if introduced at trial, "would probably have produced a different result” (CPLR 5015 [a] [2]), and that it goes to…