The newly discovered facts advanced by defendants, viewed in a light most favorable to defendants, raise triable issues of fact and indeed, as the IAS Court stated, are "compelling". Renewal was therefore properly granted. We need not decide whether reargument was also properly granted, but do note the conflicting affidavits that were submitted on the original motion (see, Capelin Assocs. v Globe Mfg. Corp.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
