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GURMAN v. FOTIADES

2010-00640

90 A.D.3d 840 (2011)

934 N.Y.S.2d 816

2011 NY Slip Op 9275

HELEN GURMAN et al., Respondents, v. DAPHNE M.N. FOTIADES et al., Appellants.

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

Decided December 20, 2011.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for leave to renew their prior motion to vacate a judgment entered upon their default in opposing the plaintiffs' motion for summary judgment in lieu of complaint. The defendants failed to present "new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]; see Levitin v A.R.B. Mgt. Servs., Inc.,

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