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POULARD v. JUDKINS

2011-09844.

102 A.D.3d 665 (2013)

956 N.Y.S.2d 916

2013 NY Slip Op 71

GILBERTE POULARD, Appellant, v. WILLIAM A. JUDKINS et al., Respondents.

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

Decided January 9, 2013.

Ordered that the appeal is dismissed, with costs.

The plaintiff's motion, denominated as one for leave to renew and reargue, did not offer any new facts not offered in support of the plaintiff's opposition to the defendants' motion pursuant to CPLR 3211(a)(1) to dismiss the complaint based on documentary evidence. Therefore, the motion, though denominated as one for leave to renew and reargue, was, in actuality, one only...

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