1735 UNIVERSITY AVENUE ASSOCIATES LLC v. ANDREWS DEVELOPMENT CORP.

6804, 6610/07.

92 A.D.3d 516 (2012)

938 N.Y.S.2d 428

2012 NY Slip Op 1127

1735 UNIVERSITY AVENUE ASSOCIATES LLC, Appellant, v. ANDREWS DEVELOPMENT CORP., Respondent.

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

Decided February 14, 2012.


The motion court did not improvidently exercise its discretion in granting reargument and determining that it had overlooked or misapprehended the relevant facts in arriving at its prior decision denying defendant's cross motion for summary judgment in its entirety (see CPLR 2221 [d]; William P. Pahl Equip. Corp. v Kassis, 182 A.D.2d 22, 27 [1992], lv dismissed in part and denied in part 80 N.Y.2d 1005...

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