Tenant Can't Raise New Evidence After Trial

Landlord sued to evict tenant. The court ruled for landlord after a trial. The court then denied tenant’s request to grant a new trial based on newly discovered evidence. Tenant appealed and lost. Tenant didn’t show that the supposed new evidence, submitted for the first time with reply papers with tenant’s post-trial request, couldn’t have been discovered with due diligence before the trial ended. Tenant also failed to demonstrate that the new evidence would probably have changed the result.

108 West 95th Street, HDFC v. Guilamo: NYLJ, 4/27/10, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)