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IN THE MATTER OF NOBLE DREW ALI PLAZA HOUSING CORPORATION

24 A.D.3d 678 (2005)

808 N.Y.S.2d 302

In the Matter of NOBLE DREW ALI PLAZA HOUSING CORPORATION. NEW LOTS TOWERS, LLC, Appellant; ELIOT SPITZER et al., Respondents.

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

December 19, 2005.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court properly vacated the order dated July 31, 2002, in the interest of justice (see Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62 [2003]). Indeed, in his motion, Eliot Spitzer, Attorney General of the State of New York, relied on certain facts that had not been before the court at the time it issued that...

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