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B.B.Y. DIAMONDS CORP. v. FIVE STAR DESIGNS, INC.

6 A.D.3d 263 (2004)

775 N.Y.S.2d 34

B.B.Y. DIAMONDS CORP., Respondent, v. FIVE STAR DESIGNS, INC., et al., Appellants.

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

April 20, 2004.

The court improvidently exercised its discretion in denying defendants' motion to renew defendant Sharon Haymov's motion to dismiss the complaint against her. In support of the motion to dismiss and in opposition to plaintiff's cross motion for summary judgment, defendant submitted an affidavit of defendant Isaac Haimoff that was not notarized. On their renewal motion, defendants submitted a redated and now notarized affidavit and...

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