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SARMIENTO v. AMPEX CASTING CORP.

8999, 150294/11.

171 A.D.3d 544 (2019)

96 N.Y.S.3d 536

2019 NY Slip Op 02830

Elsa Sarmiento, Respondent, v. Ampex Casting Corporation et al., Appellants.

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

Decided April 16, 2019.

We decline to consider defendants' argument that plaintiff's affidavit of merit is inadmissible because it was not supported by a translator's affidavit, since it is raised for the first time on appeal (see e.g Diarrassouba v Consolidated Edison Co. of N.Y. Inc., 123 A.D.3d 525 [1st Dept 2014]).

The court did not abuse its discretion in denying the motion to renew (see Central...

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