GIOVANNI v. MORAN


34 A.D.3d 733 (2006)

823 N.Y.S.2d 911

MONA GIOVANNI, Respondent, v. JAMES MORAN, Doing Business as CABINET EMPORIUM, Appellant.

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

Decided November 28, 2006.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court providently exercised its discretion in denying the defendant's cross motion for leave to renew because he failed to present "new facts" which were unavailable at the time of the original motion and which would change the prior determination (see CPLR 2221 [e]; Town House St., LLC v New Fellowship Full Gospel...

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