MATTER OF QUIRICI v. WASSINGER


266 A.D.2d 926 (1999)

698 N.Y.S.2d 181

In the Matter of MATTHEW S. QUIRICI et al., Respondents, v. WILLIAM WASSINGER, Appellant.

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

Decided November 12, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court did not err in treating plaintiffs' order to show cause as a motion to renew. In his answering papers, defendant also treated plaintiffs' papers as a motion to renew or to reargue, and thus defendant cannot be heard to argue that he was thereby prejudiced (see, CPLR 2001). Plaintiffs provided a valid excuse for not submitting the additional facts in their original motion, i.e., they previously...

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