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LUCENTE v. RIVERBAY CORPORATION

58 A.D.3d 451 (2009)

872 N.Y.S.2d 11

JOHN LUCENTE, Respondent, v. RIVERBAY CORPORATION et al., Appellants.

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

January 13, 2009.

Defendants' initial motion for summary judgment was denied as untimely by an order dated April 27, 2006 (CPLR 3212 [a]), which defendants did not appeal. By order to show cause dated December 31, 2007, defendants moved to renew their summary judgment motion, arguing that this Court's decision in Viera v Riverbay Corp. (44 A.D.3d 577 [Oct. 30, 2007]) effected a change in the law that would necessarily change the court's denial of...

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