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WEISSER v. PARK LANE FOODS, LTD.

202 A.D.2d 496 (1994)

610 N.Y.S.2d 804

Victor Weisser, Appellant, v. Park Lane Foods, Ltd., et al., Respondents

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

March 14, 1994

Ordered that the order dated May 14, 1992, is affirmed, with costs.

The Supreme Court properly exercised its discretion in granting the defendants' motion for renewal, although the affidavits submitted in support thereof contained facts which the defendants failed to demonstrate were newly discovered. The requirement that a motion for renewal be based upon newly-discovered facts is a flexible one, and a court, in its discretion...

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