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RENNIE-OTOTE v. OTOTE

15 A.D.3d 380 (2005)

790 N.Y.S.2d 62

GEMMA RENNIE-OTOTE, Respondent, v. MOSES OTOTE, Appellant. GRACE NWACHUKWU, Nonparty Appellant.

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

February 7, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is denied.

Under the circumstances of this case, to wit, the attempted filing of three identical motions for leave to reargue, only one of which was properly calendared, there was no evidence that the motions were undertaken primarily to delay or prolong the litigation (see Stow v Stow, 262 A.D.2d 550 [1999]). Moreover...

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