WORRELL v. PARKWAY ESTATES, LLC


43 A.D.3d 436 (2007)

840 N.Y.S.2d 817

TYRONE WORRELL, Respondent, v. PARKWAY ESTATES, LLC, Defendant, and 1299 EASTERN, LLC, Appellant.

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

Decided August 14, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion which was for leave to renew his opposition to the prior motion of the defendant 1299 Eastern, LLC, for summary judgment dismissing the complaint insofar as asserted against it is denied, and the order dated August 11, 2006 is reinstated.

In general, a motion for leave to renew must be based upon new facts not offered on the prior motion that...

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