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GRANDON v. NORTH SHORE COMMUNITY HOSPITAL

284 A.D.2d 373 (2001)

725 N.Y.S.2d 894

WALTER GRANDON et al., Appellants, v. NORTH SHORE COMMUNITY HOSPITAL et al., Respondents.

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

Decided June 11, 2001.

Ordered that the appeal is dismissed, with one bill of costs.

The plaintiffs' motion, characterized as one for renewal and reargument of their prior motion to vacate the dismissal of their complaint, was not based upon new facts which were unavailable at the time they submitted their original motion for vacatur (see, Bossio v Fiorillo, 222 A.D.2d 476). Therefore, the motion was, in actuality, one to reargue, the denial of...

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