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Stipo v. Carpenito
Citations: 92 A.D.3d 864; 939 N.Y.2d 508
Court: Appellate Division of the Supreme Court of the State of New York; February 20, 2012; New York; State Appellate Court
On December 7, 2010, the Supreme Court granted the plaintiffs' motion for summary judgment, dismissing the defendant's opposition as based on "conclusory allegations." Subsequently, a money judgment of $40,000 was entered on January 18, 2011. The defendant filed a postjudgment motion seeking to vacate this judgment under CPLR 5015 (a)(2), relying on documents predating the judgment. The Supreme Court concluded that the defendant did not demonstrate entitlement to relief under CPLR 5015 (a)(2), notably failing to explain why the documents could not have been presented earlier during the summary judgment proceedings. Additionally, the court determined that the newly presented evidence would not have resulted in a different outcome for the plaintiffs’ motion for summary judgment. The order was affirmed by the appellate judges.