Appellate Division of the Supreme Court of New York, 2000

Orix Credit Alliance, Inc. v. Grace Industries, Inc.

Appellate Division of the Supreme Court of New York · Decided July 10, 2000

274 A.D.2d 424; 711 N.Y.S.2d 765; 2000 N.Y. App. Div. LEXIS 7718

Cases that cite this one

7 later published cases cite this decision.

Roslyn Savings Bank v. Kline (Appellate Division of the Supreme Court of New York 2005)
Federated Conservationists of Westchester County, Inc. v. County of Westchester (Appellate Division of the Supreme Court of New York 2004)
Reed v. Reed (Appellate Division of the Supreme Court of New York 2004)
Maor Home Sales, Inc. v. Levine (Appellate Division of the Supreme Court of New York 2003)
Feldstein v. Rounick (Appellate Division of the Supreme Court of New York 2002)
Zaccaria v. Russell (Appellate Division of the Supreme Court of New York 2001)
Contractors Casualty & Surety Co. v. 535 Broadhollow Realty, L. L. C. (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action, inter alia, to recover on a conditional sale contract note, the defendant Grace Industries, Inc., appeals from an order of the Supreme Court, Queens County (Lisa, J.), dated June 16, 1999, which denied its motion pursuant to CPLR 5015 to vacate an order and judgment (one paper) of the same court entered April 21, 1997.

Ordered that the order is affirmed, with costs.

*425The Supreme Court providently exercised its discretion in denying the appellant’s motion to vacate an order and judgment on the ground of newly-discovered evidence (see, CPLR 5015 [a] [2]), as the alleged newly-discovered evidence could have been discovered before the entry of the judgment (see, Dan’s Supreme Supermarkets v Redmont Realty Co., 261 AD2d 353).

The appellant’s remaining contentions are without merit. Joy, J. P., Thompson, Rrausman and Goldstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.