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STRIDIRON v. JACOB'S LADDER REALTY, L.L.C.

33 A.D.3d 320 (2006)

821 N.Y.S.2d 579

ANGELE STRIDIRON et al., Plaintiffs, v. JACOB'S LADDER REALTY, L.L.C., et al., Defendants. OTIS ELEVATOR COMPANY, Third-Party Plaintiff-Appellant, v. ROBERT VERTICAL TRANSPORTATION, INC., et al., Third-Party Defendants-Respondents.

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

Decided October 3, 2006.

Third-party defendants' "reargument" motion was properly treated as one for renewal, in light of facts brought to the IAS court's attention for the first time since entry of the default judgment (see e.g. Mejia v Nanni, 307 A.D.2d 870 [2003]). While certain of the "new" facts may have been known to third-party defendants at the time of third-party plaintiff's default motion, the court properly exercised its discretion in considering...

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