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BOBOYEV v. GOMEZ

304 A.D.2d 600 (2003)

757 N.Y.S.2d 469

NEKADAM BOBOYEV et al., Appellants, v. MARCIA GOMEZ, Respondent, et al., Defendant.

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

Decided April 14, 2003.

Ordered that the order is affirmed, with costs.

The plaintiffs' motion, denominated as one for renewal and reargument, was not based upon new evidence that was unavailable at the time of the original motion (see CPLR 2221 [e]; Cong. Bais Rabbenu v 26 Adar N.B. Corp., 282 A.D.2d 642 [2001]), and the plaintiffs did not offer a reasonable excuse for their failure to submit the physicians' affirmations in opposition to...

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