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ARTHUR v. LIBERTY MUT. AUTO AND HOME SERVS. LLC

8466N. 162454/15.

169 A.D.3d 554 (2019)

2019 NY Slip Op 01316

Tanesha Arthur, Appellant, v. Liberty Mutual Auto and Home Services LLC, Doing Business as Liberty Mutual Insurance, Defendant, and Leean Cassar, Respondent.

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

Decided February 21, 2019.

Supreme Court providently exercised its discretion to relax the "vigorous requirements for renewal" in the interest of substantive fairness (Corporan v Dennis, 117 A.D.3d 601, 601 [1st Dept 2014]; Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 377 [1st Dept 2001]), where defendant Leean Cassar failed to justify her failure to present proper evidentiary support on her initial...

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