CORCORAN GROUP REAL ESTATE v. DeLIBERO

6236, 116740/08.

91 A.D.3d 499 (2012)

936 N.Y.S.2d 540

2012 NY Slip Op 238

THE CORCORAN GROUP REAL ESTATE, Appellant, v. GRACE DeLIBERO, Respondent.

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

Decided January 17, 2012.


Plaintiff's motion for renewal of its petition to confirm an arbitration award was supported by evidence, not submitted on the prior application, showing that plaintiff timely re-filed the petition under the terms of the order dismissing the original petition on technical grounds. Under the circumstances, we find that plaintiff has demonstrated a "reasonable justification for the failure to present [the new] facts on the prior motion" (CPLR 2221 [e] [3]). Accordingly, plaintiff...

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