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STUVE v. BAINGAN

2013-09597

120 A.D.3d 1221 (2014)

993 N.Y.S.2d 46

2014 NY Slip Op 06074

HENRY F. STUVE, JR., Respondent, v. FRANCISCO BAINGAN, Respondent, and SANDRA S. DOZIER, Appellant.

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

Decided September 10, 2014.

Ordered that the order dated August 5, 2013, is affirmed, with one bill of costs.

The Supreme Court providently exercised its discretion in granting the plaintiff leave to reargue because it had previously misapprehended the facts of the case (see CPLR 2221 [d]). Upon reargument, the Supreme Court properly vacated its prior order and thereupon denied that branch of the motion of the defendant Sandra S. Dozier which was for summary judgment dismissing the complaint...

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