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MATTER OF DIAZ v. CITY OF NEW YORK

211 A.D.2d 789 (1995)

622 N.Y.S.2d 102

In the Matter of Cassandra Diaz et al., Appellants, v. City of New York et al., Respondents

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

January 30, 1995

Ordered that the appeal from the order dated September 2, 1993, is dismissed; and it is further,

Ordered that the order dated October 18, 1991, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

That branch of the petitioners' motion which was to renew was based upon facts that could have been raised at the time of the original motion, and the petitioners offered no excuse for their failure to present the evidence...

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