Appellants' motion for summary judgment was granted to the extent of dismissing the complaint without prejudice, on the ground that plaintiffs had failed diligently to obtain leave of court to sue the receiver, despite a November 2000 order of the same court directing them to do so. Plaintiffs thereafter obtained leave to sue.
The court properly denied defendants' motion to renew since no new facts were alleged that would have warranted a "change [in] the prior determination...
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