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CRUZ v. BUDGET RENT A CAR

259 A.D.2d 368 (1999)

687 N.Y.S.2d 59

GEORGINA CRUZ, Individually and as Administratrix of the Estate of VINCENT CRUZ, Deceased, Appellant, v. BUDGET RENT A CAR et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided March 18, 1999.

The first appeal is untimely because the notice of appeal was served more than 30 days after service of a copy of the order with notice of entry (CPLR 5513 [a]). Concerning the second appeal, the only "new" evidence that plaintiff submitted on her motion to renew was the affidavit of the surviving plaintiff that she was wearing a seatbelt at the time of the accident, a fact obviously known to her at the time of the original motion seeking, among other things, dismissal of...

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