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BIBIZA INT'L v. NASTASI SNACK TREAT CO., INC.

227 A.D.2d 580 (1996)

643 N.Y.S.2d 397

Bibiza International, Appellant, v. Nastasi Snack Treat Co., Inc., et al., Respondents

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

May 28, 1996

Ordered that the appeal from the order dated June 22, 1995, is dismissed, without costs or disbursements.

Although the plaintiff termed its motion as one to set aside the order dated March 10, 1995, none of the bases needed to establish entitlement to set aside an order pursuant to CPLR 5105 exist in this case. Inasmuch as the plaintiff failed to offer any valid excuse as to why the allegedly new facts set forth in support of its motion were not submitted in opposition...

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