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McCORVEY v. SCHOULDER

273 A.D.2d 207 (2000)

709 N.Y.S.2d 442

KWAISI McCORVEY et al., Appellants, v. MICHAEL SCHOULDER et al., Respondents.

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

Decided June 5, 2000.

Ordered that the appeal from the order dated July 15, 1999, is dismissed; and it is further,

Ordered that the order dated January 20, 1999, is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

Since the plaintiffs' motion, denominated as one for renewal and reargument, was not based upon new evidence which was unavailable at the time of the original motion, it was actually a motion for reargument (see, Citibank...

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