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3910 Super K, Inc. v. Penn. Lumbermens Mutual

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 588 (N.Y. App. Div. 1995)

Opinion

September 11, 1995

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate that the newly discovered evidence, either separately or cumulatively, was of such a nature that, if introduced at trial, probably would have resulted in a different verdict (see, CPLR 5015 [a] [2]; Bertan v Richmond Mem. Hosp. Health Ctr., 131 A.D.2d 799). Therefore, their motion was properly denied. Copertino, J.P., Santucci, Altman and Friedmann, JJ., concur.


Summaries of

3910 Super K, Inc. v. Penn. Lumbermens Mutual

Appellate Division of the Supreme Court of New York, Second Department
Sep 11, 1995
219 A.D.2d 588 (N.Y. App. Div. 1995)
Case details for

3910 Super K, Inc. v. Penn. Lumbermens Mutual

Case Details

Full title:3910 SUPER K, INC., et al., Appellants, v. PENNSYLVANIA LUMBERMENS MUTUAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 11, 1995

Citations

219 A.D.2d 588 (N.Y. App. Div. 1995)
631 N.Y.S.2d 520

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