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HEATHER JAMES, LLC v. DAY & MEYER, MURRAY & YOUNG CORP.

4771, 651226/14.

154 A.D.3d 577 (2017)

2017 NY Slip Op 07393

62 N.Y.S.3d 274

HEATHER JAMES, LLC, et al., Respondents, v. DAY & MEYER, MURRAY & YOUNG CORP., Appellant.

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

Decided October 24, 2017.

Defendant's motion to renew is not based on any new law, since this Court's prior decision affirming the denial of summary judgment relied on established precedent (142 A.D.3d 842, 842-843 [1st Dept 2016], citing former UCC 7-204 [2], now 7-204 [b]; I.C.C. Metals v Municipal Warehouse Co., 50 N.Y.2d 657 [1980]). Nor did defendant offer facts that were unavailable at the time of the original motion...

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