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BROWER v. TRW TITLE INS. OF NEW YORK

233 A.D.2d 473 (1996)

650 N.Y.S.2d 971

David Brower et al., Respondents, v. TRW Title Insurance of New York et al., Appellants

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

November 25, 1996

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in granting renewal to the plaintiffs based on two new facts (see, CPLR 2221; Foley v Roche, 68 A.D.2d 558; Bulis v Di Lorenzo, 142 A.D.2d 707). Further, upon renewal, the court properly vacated so much of the...

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