In order to succeed on a motion to vacate an order or judgment on the ground of newly discovered evidence, the movant must establish that the evidence could not have been discovered earlier through the exercise of due diligence, and that the newly discovered evidence probably would have produced a different result.
Anghel v. Ruskin Moscou Faltischek, P.C., NY Slip Op 00402 (2d Dep't January 27, 2021)
