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RAMIREZ v. KHAN

60 A.D.3d 748 (2009)

874 N.Y.S.2d 257

ORLANDO RAMIREZ, Appellant, v. JAVED AKHTER KHAN, Respondent.

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

Decided March 10, 2009.

Ordered that the order entered September 24, 2007, is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was for leave to renew his opposition to the defendant's motion for summary judgment (see Renna v Gullo, 19 A.D.3d 472 [2005]). A motion for leave to renew "shall be based upon new facts not offered on the prior motion...

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