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YERUSHALMI v. ABED REALTY CORP.

58 A.D.3d 491 (2009)

872 N.Y.S.2d 89

EMANUEL YERUSHALMI et al., Respondents, v. ABED REALTY CORP. et al., Appellants.

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

January 15, 2009.

With respect to the 2008 order, the issues raised on the motion were identical to those defendants raised in their notice of appeal from the 2006 order, which appeal was dismissed for failure to prosecute (see Rubeo v National Grange Mut. Ins. Co., 93 N.Y.2d 750 [1999]). The court treated that motion as one for reargument, but even if it had been considered as one for renewal, it would properly have been denied because the new evidence...

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