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TD BANK, N.A. v. CHAIM

2014-10070, Index No. 11845/07.

140 A.D.3d 850 (2016)

31 N.Y.S.3d 897

2016 NY Slip Op 04401

TD BANK, N.A., Respondent, v. YESHIVA CHOFETZ CHAIM, Appellant, et al., Defendants.

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

Decided June 8, 2016.

Ordered that the order dated August 22, 2014, is affirmed, with costs.

Although the Supreme Court improperly treated the motion of the defendant Yeshiva Chofetz Chaim as a motion for leave to reargue rather than as a motion for leave to renew (see CPLR 2221 [d], [e]), the court providently exercised its discretion in denying the motion because it was based on evidence that, with due diligence, could have been discovered earlier (see Matter of Allstate Ins...

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