The IAS Court found plaintiff's motion to reinstate the complaint, which was dismissed as abandoned after plaintiff failed to comply with discovery demands and a preliminary conference order, and from which dismissal order he never appealed, was actually a motion to reargue or renew. We conclude the motion to have been one to reargue, since it was not based on material, relevant facts of which plaintiff was unaware at the time defendant's prior motion to compel compliance...
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