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RAMOS v. NAPOLI

Nos. 7675, 301659/10, 7676.

95 A.D.3d 637 (2012)

943 N.Y.S.2d 883

2012 NY Slip Op 3873

BERTHA RAMOS, Appellant, et al., Plaintiff, v. TERESA LENA NAPOLI et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2012.

Supreme Court properly found that the parties' competing accounts raised multiple issues of fact precluding summary judgment.

Plaintiff did not offer any new or additional facts that would have changed the prior determination denying summary judgment. Therefore, the motion was, in essence, one to reargue, the denial of which is not appealable (see e.g. Prime Income Asset Mgt., Inc. v American Real Estate Holdings L.P., 82 A.D.3d 550

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