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CITIBANK, N.A. v. MARTINEZ

2019-02799. Index No. 24748/09.

197 A.D.3d 1086 (2021)

150 N.Y.S.3d 609

2021 NY Slip Op 04901

Citibank, N.A., Appellant, v. Luz E. Martinez, Respondent, et al., Defendants.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Virginia Grapensteter and Austin T. Shufelt of counsel), for appellant.

New York Legal Assistance Group, New York, NY ( Beth E. Goldman and Julie Anne Howe of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

A motion for leave to renew "shall be identified specifically as such" and "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221[e][1], [2]). Here, the plaintiff's motion for leave to renew its application pursuant to CPLR 306-b to extend the time to serve the defendant Luz E. Martinez (hereinafter the defendant)

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