Ordered that the order dated February 2, 2009, is affirmed, with costs.
Contrary to the contention of the defendant Belt Painting Corp. (hereinafter Belt), the defendant Turner Construction (hereinafter Turner) did not improperly submit new facts in support of its motion for leave to reargue (see CPLR 2221 [d] [2]).
Upon reargument, the Supreme Court properly granted that branch of Turner's prior motion which was for summary judgment on its cross claim...
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