HALLIDAY v. HALLIDAY


218 A.D.2d 729 (1995)

630 N.Y.S.2d 767

Georgette Halliday, Respondent, v. Richard B. Halliday, Appellant

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

August 21, 1995


Ordered that the appeal is dismissed, with costs.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion by deeming his motion for reargument and renewal as, in actuality, a motion for reargument. Although the requirement that a motion for renewal be based upon newly-discovered facts is a flexible one (see, Citibank v Olson, 204 A.D.2d 381

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