Contrary to plaintiff's contentions, defendants' motion was not one to reargue and the IAS court's denial of the motion to renew is an appealable order. Defendants moved for renewal based on testimony given by plaintiff's brother in a foreclosure proceeding. This evidence was not available at the time of defendants' earlier motions and it was relevant to issues raised in the motion.
We find that the motion court improvidently exercised its discretion in concluding...
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