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INDEPENDENT CHEMICAL CORPORATION v. SUJANAN THUNDEL PUTHANPURAYIL

159142/15. 7475. 7476N.

165 A.D.3d 578 (2018)

87 N.Y.S.3d 164

2018 NY Slip Op 07193

Independent Chemical Corporation, Respondent, v. Sujanan Thundel Puthanpurayil et al., Appellants.

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

Decided October 25, 2018.

While defendants argue correctly that a motion for reargument may not be based on new facts (see CPLR 2221 [d] [2]) or arguments different from those previously asserted (see Matter of Setters v AI Props. & Devs. [USA] Corp., 139 A.D.3d 492 [1st Dept 2016]), they failed to identify any new facts or arguments in plaintiff's motion. The allegedly new facts were contained in affidavits previously submitted in the context...

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