LAX v. DESIGN QUEST NY, LTD.

12734, 105299/11.

118 A.D.3d 490 (2014)

987 N.Y.S.2d 134

2014 NY Slip Op 4151

SUSAN LAX et al., Respondents-Appellants, v. DESIGN QUEST NY, LTD., et al., Appellants-Respondents.

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

Decided June 10, 2014.


The "new facts" defendants presented on their motion to renew were their own invoices, which obviously were in their possession at the time of the prior motion (see CPLR 2221 [e]). What is new on this motion is an argument based on those invoices. Given that the argument as to an oral contract was advanced by plaintiffs in opposition to the prior motion, and plaintiffs attached one of the invoices to their papers, there can be no "reasonable justification" for defendants...

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