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CPI CONTRACTING, INC. v. EXPERT ELECTRIC, INC.

36 A.D.3d 582 (2007)

827 N.Y.S.2d 661

CPI CONTRACTING, INC., Appellant, v. EXPERT ELECTRIC, INC., Respondent, et al., Defendants.

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

Decided January 9, 2007.

Ordered that the appeal is dismissed, with costs.

The plaintiff's motion, denominated as one for leave to renew its prior motion to vacate its default in opposing the motion of the defendant Expert Electric, Inc., for summary judgment dismissing the complaint insofar as asserted against it, was not based upon new facts which were unavailable at the time of the prior motion (see Crawn v Sayah, 31 A.D.3d 367 [2006]; Rivera...

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