Newly-discovered evidence.

Practice point: Pursuant to CPLR 4404(b), after a trial not triable as of right by a jury, upon the motion of any party or on its own initiative, the court may set aside its decision and issue a new decision based newly-discovered evidence. Pursuant to CPLR 5015(a), the court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of, among other things, newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404.

Student note: In order for such relief under CPLR 4404(b) or 5015(a)(2), the movant must show that it could not have previously discovered the evidence, and the new evidence must be in admissible form.

Case: Da Silva v. Savo, NY Slip Op 05383 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Correcting a mistake in assembling a pleading.