Opinion
318
February 27, 2003.
Order, Supreme Court, New York County (Helen Freedman, J.), entered February 7, 2002, which denied appellants' motion to vacate a judgment awarding plaintiff $2,155,057.50, unanimously affirmed, with costs.
JEFFREY C. DANNENBERG, for Plaintiff-Respondent.
ARMAND P. MELE, for Defendants-Appellants.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Lerner, Marlow, JJ.
Appellants failed to set forth grounds for vacatur of the judgment, which was based on a grant of summary judgment affirmed by this Court ( 293 A.D.2d 386). The evidence, assuming, arguendo, it was newly discovered, related only to credibility and did not refute the essential findings underlying the judgment regarding appellants' claimed right to an offset, and thus would not have "probably" resulted in a different outcome (see Olwine, Connelly, Chase Weyher v. Valsan, Inc., 226 A.D.2d 102, 103).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.