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ATLAS v. SMILY

301091/06. 5290N. 5289.

156 A.D.3d 562 (2017)

68 N.Y.S.3d 65

2017 NY Slip Op 09248

LOUIS M. ATLAS, Respondent, v. FRANCIS SMILY, Appellant.

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

Decided December 28, 2017.

The motion court properly denied the wife's motion to renew since it was not based on new facts that would change the prior determination (CPLR 2221 [e]; Bank of N.Y. Mellon v Izmirligil, 88 A.D.3d 930 [2d Dept 2011]). The "new facts" presented by the wife, concerning the husband's failure to timely file a satisfaction of judgment pursuant to the 2015 stipulation, were wholly unrelated to the court's prior determination that the...

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