Opinion
June 1, 1995
Appeal from the Family Court, New York County (Judith Sheindlin, J.).
The Family Court's denial of a new trial on the grounds of newly discovered evidence was not an abuse of discretion, as respondent failed to meet his burden of proving that the three proposed witnesses could not have been found with due diligence before trial, despite the fact that at least two of them resided in respondent's neighborhood and were known to him ( see, Pullman v. Pullman, 200 A.D.2d 430, lv dismissed 84 N.Y.2d 850).
Concur — Rosenberger, J.P., Ellerin, Ross, Williams and Tom, JJ.