Defendants sought the same relief of attorneys' fees in two separate motions, albeit on different grounds, making the second motion essentially one for renewal (Sheehan v Carvalho, 12 App Div 430, 431-432 [1st Dept 1896]). In the second motion, defendants asserted "new facts" in the form of an indemnification provision. However, they failed to identify the second motion as a renewal motion, or to provide any explanation as to why they did not make the indemnification...
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