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ROBINSON v. NELSON

9489, 9488.

172 A.D.3d 642 (2019)

2019 NY Slip Op 04284

Lambert Robinson, Appellant, v. Shirley W. Nelson et al., Defendants, and Louis M. Eisen et al., Respondents.

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

Decided May 30, 2019.

The motion court improvidently exercised its discretion in declining to grant plaintiff leave to renew upon his presentation of supplemental expert submissions (see Arabesque Recs. LLC v Capacity LLC, 45 A.D.3d 404, 405 [1st Dept 2007]). The record shows that any deficiencies in the initial submissions were due to counsel's inadvertent oversight, and defendants demonstrated no prejudice from the delay caused by counsel's failure...

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