Opinion
February 21, 1989
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed, with costs.
Under the circumstances, where the new evidence presented did not bear upon the substance of the court's prior ruling, the court did not abuse its discretion in denying the motion to vacate the original order. Moreover, the plaintiff failed to offer any explanation for his lack of diligence in making his application. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.