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RIVERA v. BANKS

304455/13, 26NA, 26N

135 A.D.3d 621 (2016)

25 N.Y.S.3d 77

2016 NY Slip Op 00454

SHAFI RIVERA, Appellant, v. L. BANKS et al., Respondents.

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

Decided January 26, 2016.

The motion court erred in denying plaintiff's motion to renew. Plaintiff reasonably believed that it was unnecessary to submit on his original motion the affidavits of the process server and his counsel's paralegal (see Segall v Heyer, 161 A.D.2d 471, 473 [1st Dept 1990]; CPLR 2221[e][3]). Plaintiff complied with the procedural requirements of CPLR 3215(f) by submitting affidavits of service...

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