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MGRDITCHIAN v. DONATO

141 A.D.2d 513 (1988)

George Mgrditchian, Doing Business as K Construction Co., Respondent, v. J. Donato, Doing Business as General Contracting Ltd., Appellant

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

June 6, 1988

Ordered that the appeal is dismissed, with costs.

All of the facts and evidence submitted in support of the defendant's motion were available and known to it at the time of submission of the original motion by the plaintiff (see, Klein v Mount Sinai Hosp., 121 A.D.2d 164; McRory v Craft Architectural Metals Corp., 112 A.D.2d 358; Foley v Roche, 68 A...

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