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EMPIRE INS. CO. v. FOOD CITY, INC.

167 A.D.2d 983 (1990)

Empire Insurance Company, as Subrogee of G. & C. Photopoulos Realty Co., Inc., Respondent, v. Food City, Inc., Doing Business as Fine Fair Supermarket, et al., Appellants

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

November 16, 1990

Appeal unanimously dismissed without costs.

Memorandum:

Defendants' motion, designated one to "renew", was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v Bedford Textile Prods., 89 A.D.2d 576; see also, Gulledge v Adams,

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