NEWKIRK-BRIGGS v. COUNTY OF PUTNAM


60 A.D.3d 829 (2009)

874 N.Y.S.2d 386

DOLLYANN NEWKIRK-BRIGGS et al., Respondents, v. COUNTY OF PUTNAM et al., Appellants, et al., Defendant.

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

Decided March 17, 2009.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion for leave to reargue inasmuch as the plaintiffs based their motion upon matters of fact and law allegedly overlooked by the court in determining the prior motion (see CPLR 2221 [d]). Contrary to the defendants' assertion, the plaintiffs did not raise an issue not previously advanced.

Upon reargument, the Supreme Court properly vacated its original...

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