ROYAL AGRICOLA, S.A. v. F.D. IMPORT AND EXPORT CORP.


37 A.D.3d 693 (2007)

828 N.Y.S.2d 908

ROYAL AGRICOLA, S.A., Respondent, v. F.D. IMPORT AND EXPORT CORP., Appellant.

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

Decided February 20, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly exercised its discretion in granting the plaintiff's motion for leave to renew its prior motion to vacate its default in opposing the defendant's motion to dismiss even though it was based upon facts known to the plaintiff at the time it made the prior motion (see Pandolf v American Intl. Group, Inc., 16 A.D.3d 315 [2005];...

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