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ALMODOVAR v. CITY OF NEW YORK

267 A.D.2d 10 (1999)

698 N.Y.S.2d 489

ILEANA ALMODOVAR et al., Respondents, v. CITY OF NEW YORK, Defendant, JOSEPH CAMBRIA, Appellant, and ROBERT ALMODOVAR et al., Respondents.

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

Decided December 2, 1999.

Renewal of the motion for summary judgment was properly granted based on the renewal movants' submission of additional evidence not before the court on the original motion (see, Framapac Delicatessen v Aetna Cas. & Sur. Co., 249 A.D.2d 36). As to the merits of the summary judgment motion, we agree with the motion court that the affidavit of defendant Robert Almodovar, freshly before the court on renewal, was sufficient to raise...

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