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CONT'L BANK v. J.D.S. VENDOR SERVS., INC.

201 A.D.2d 527 (1994)

609 N.Y.S.2d 815

Continental Bank, Respondent, v. J.D.S. Vendor Services, Inc., Appellant

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

February 14, 1994

Ordered that the appeal is dismissed, with costs.

The defendant's motion, denominated as one to vacate a prior judgment of the same court and treated by the court as one for renewal of the plaintiff's summary judgment motion, was based on evidence which could have been raised at the time of the summary judgment motion. Since the defendant offered no excuse for its failure to present the evidence at that time, the motion...

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