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LOWER E. SIDE II ASSOC., L.P. v. 349 E. 10TH ST., LLC

12855, 653362/11.

118 A.D.3d 607 (2014)

987 N.Y.S.2d 842

2014 NY Slip Op 4696

LOWER EAST SIDE II ASSOCIATES, L.P., Respondent, v. 349 E. 10TH STREET, LLC, Appellant.

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

Decided June 24, 2014.

The court properly denied defendant's motion for leave to renew, as the expert affidavit it submitted in support of the motion does not contain "new" facts unknown to defendant at the time of plaintiff's prior motion (CPLR 2221 [e] [2]; Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 376 [1st Dept 2001]). Indeed, defendant retained the expert two weeks before the due date of its opposition papers to plaintiff's...

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