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KOREN v. WEIHS

201 A.D.2d 268 (1994)

607 N.Y.S.2d 257

Richard Koren, Respondent, v. John Weihs, Appellant, et al., Defendants

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

February 1, 1994

Renewal was properly granted in light of the excuse presented by plaintiff's attorney for his failure to submit one of the affidavits on the original motion (see, Matter of Beiny, 132 A.D.2d 190, 210, lv dismissed 71 N.Y.2d 994). Upon renewal, summary judgment was properly denied based upon the affidavits submitted, which included not only hearsay, which is admissible in...

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