Opinion
11397 Index 156534/15
04-23-2020
Harris Beach PLLC, Albany (Svetlana K. Ivy of counsel), for appellants. Brill & Meisel, New York (Allen H. Brill of counsel), for respondent.
Harris Beach PLLC, Albany (Svetlana K. Ivy of counsel), for appellants.
Brill & Meisel, New York (Allen H. Brill of counsel), for respondent.
Renwick, J.P., Oing, Singh, Moulton, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered May 8, 2019, which denied defendants-appellants' motion to vacate a judgment, unanimously affirmed, without costs.
Defendants failed to demonstrate their entitlement to relief from the judgment on the ground of newly discovered evidence that could not have been discovered before the entry of the judgment ( CPLR 5015[a][2] ), given that their submissions consisted of tax maps and floor plans publicly filed years before plaintiff moved for summary judgment (see Matter of Chatham Towers, Inc. v. Bloomberg, 39 A.D.3d 308, 309, 833 N.Y.S.2d 468 [1st Dept. 2007] ).