Appellate Division of the Supreme Court of the State of New York July 5, 2012 (Silva v. Savo)

*526Pursuant 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 on, inter alia, newly-discovered evidence (see Matter of Torregroza v Gomez, 85 AD3d 932, 933 [2011]; Stambaugh v Stambaugh, 226 AD2d 363 [1996]; Grossbaum v Dil-Hill Realty Corp.