PALMIERI v. ROMAT REALTY CORP.


45 A.D.2d 948 (1974)

Edgar Palmieri et al., Appellants, v. Romat Realty Corporation et al., Respondents

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

September 17, 1974


Although plaintiffs denominated their motion which culminated in the order entered February 3, 1974 as one seeking "reargument", it is patent that new papers and additional facts which existed at the time the prior motion was made were brought to the court's attention warranting leave to renew. Upon such renewal, the factors to be considered on plaintiffs' motion to vacate the default and to restore the action to the calendar are the affidavit of merit, sufficiency of the...

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