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TADESSE v. DEGNICH

4357, 18830/07.

81 A.D.3d 570 (2011)

917 N.Y.S.2d 569

RAHEL TADESSE, Respondent, v. NABIL M. DEGNICH et al., Appellants, et al., Defendants.

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

Decided February 24, 2011.

The motion court properly granted plaintiff's motion for reargument, since it had misapplied a "controlling principle of law" (Foley v Roche, 68 A.D.2d 558, 567 [1979]; see CPLR 2221 [d]). When dismissing the complaint as against appellants, the court improperly relied on the gap-in-treatment argument, which appellants raised for the first time in their reply papers (see McNair v Lee, 24 A...

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