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RAMIREZ v. GLOBAL HOME IMPROVEMENTS, INC.

9351, 300321/11.

172 A.D.3d 547 (2019)

98 N.Y.S.3d 745

2019 NY Slip Op 03910

Luz M. Ramirez, Plaintiff, v. Global Home Improvements, Inc., et al., Defendants, City of New York, Respondent, and El Sol Contracting and Construction Corp., Appellant.

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

Decided May 21, 2019.

Defendant's submissions on its motion to renew do not constitute "new facts" (CPLR 2221 [e] [2]; see Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 376-377 [1st Dept 2001]). The authenticated photographs merely depict what plaintiff described in her deposition testimony, which was taken before defendant moved for summary judgment (see Cammeby's Equity Holdings LLC v Mariner Health Care, Inc.,

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