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SPECIALIZED REALTY SERVICES, LLC v. TOWN OF TUXEDO

2012-00242.

106 A.D.3d 987 (2013)

966 N.Y.S.2d 148

2013 NY Slip Op 3661

SPECIALIZED REALTY SERVICES, LLC, Appellant, v. TOWN OF TUXEDO et al., Respondents.

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

Decided May 22, 2013.

Ordered that the order dated October 25, 2011, is affirmed, with costs.

A court of original jurisdiction may entertain a motion for leave to renew or to vacate a prior order or judgment on the ground of newly discovered evidence even after an appellate court has affirmed the original order or judgment. Nonetheless, in order to imbue the appellate decision with a degree of certainty, on a postappeal motion for leave to renew or to vacate, the movant bears a heavy burden...

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