PINKARD v. NEW YORK CITY DEPARTMENT OF EDUCATION

8057. 101971/15.

168 A.D.3d 474 (2019)

89 N.Y.S.3d 625

2019 NY Slip Op 00204

Eugenia Pinkard, Appellant, v. New York City Department of Education et al., Respondents.

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

Decided January 10, 2019.


The court properly denied plaintiff's motion for renewal since she presented the same facts and exhibits as she did in opposition to defendants' motion to dismiss, albeit in support of a different theory (see generally Matter of Weinberg, 132 A.D.2d 190, 209-210 [1st Dept 1987], lv dismissed 71 N.Y.2d 994 [1988]; CPLR 2221 [e]). Furthermore, the instant action is a rehash of plaintiff...

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