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DC MEDIA CAPITAL LLC v. SIVAN

8396, 600378/07E.

100 A.D.3d 413 (2012)

952 N.Y.S.2d 888

DC MEDIA CAPITAL LLC, Doing Business as NEWTEK MEDIA CAPITAL, Respondent, v. AVI SIVAN et al., Appellants.

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

November 8, 2012.

The "new facts" submitted on renewal, in the form of affidavits of merit, could have been submitted on the prior motion to vacate the default judgment, and defendants failed to offer a reasonable justification for the failure to do so (see CPLR 2221 [e] [3]; Matter of Weinberg, 132 A.D.2d 190, 210 [1st Dept 1987], lv dismissed 71 N.Y.2d 994 [1988]). The claim that defendants' former counsel mistakenly made the prior...

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