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SALMAN v. ROSARIO

Nos. 4098, 7153/06.

87 A.D.3d 482 (2011)

928 N.Y.S.2d 531

2011 NY Slip Op 6323

ALLAN SALMAN et al., Plaintiffs, and ZORAZELLA GARCIA, Appellant, v. HECTOR ROSARIO et al., Defendants, and BASSOUGH KANATE, Respondent.

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

Decided August 25, 2011.

As an initial matter, while plaintiff's doctors' conclusions were arguably based on medical information previously available and she could arguably have included this information in her original motion, a court has latitude, in the interest of justice, to grant renewal, even on facts known to the movant at the time of the original motion (see Rancho Santa Fe Assn. v Dolan-King, 36 A.D.3d 460 [2007]). Here, plaintiff's lawyer avers...

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