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BELROSE FIRE SUPPRESSION, INC. v. STACK McWILLIAMS, LLC

51 A.D.3d 485 (2008)

858 N.Y.S.2d 126

BELROSE FIRE SUPPRESSION, INC., Appellant, v. STACK McWILLIAMS, LLC, et al., Respondents.

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

Decided May 8, 2008.

The court did not improvidently exercise its discretion in granting defendants' motion for reargument and determining that it had overlooked or misapprehended the relevant facts, and mistakenly arrived at its prior decision granting plaintiff partial summary judgment as to liability under the construction contract (see CPLR 2221 [d]; William P. Pahl Equip. Corp. v Kassis, 182 A.D.2d 22, 27 [1992], lv dismissed in part and...

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