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BITTORF v. 225 WEST END AVE. ASSOCS.

232 A.D.2d 344 (1996)

648 N.Y.S.2d 920

Fritz Bittorf, Appellant, v. 225 West End Avenue Associates et al., Defendants, and Manufacturers and Traders Trust Company, Respondent

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

October 31, 1996

The motion was properly deemed one for reargument in the absence of additional material facts that existed at the time of the proceedings before Justice Dontzin but were not then known to plaintiff (Foley v Roche, 68 A.D.2d 558, 568). We should add that the fact plaintiff seeks to relitigate — his participation in a fraud against a former defendant in this foreclosure action who...

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