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TRI-LAND PROPS., INC. v. 115 W. 28TH ST. CORP.

247 A.D.2d 233 (1998)

668 N.Y.S.2d 353

Tri-Land Properties, Inc., Respondent, v. 115 West 28th Street Corp. et al., Appellants, et al., Defendants

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

February 5, 1998

We agree with the motion court that the motion was not based on any material facts of which defendants were unaware at the time the prior motion was made, and that no excuse for having omitted these facts is offered to support renewal (see, Foley v Roche, 68 A.D.2d 558, 568; Matter of Banow v Simins, 53 A.D.2d 542, mot to dismiss appeal granted 40 N.Y.2d 989...

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