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ABAYEV v. ZIA

2008-08986

67 A.D.3d 830 (2009)

888 N.Y.S.2d 432

2009 NY Slip Op 08565

PINKHAS ABAYEV, Appellant-Respondent, v. SYED ZIA et al., Defendants, and KAREN MAZUER, Respondent-Appellant.

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

Decided November 17, 2009.

Ordered that the order dated August 15, 2008 is affirmed, without costs or disbursements.

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]) and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [3]; see Ramirez v Khan, 60 A.D.3d 748 [2009]; Dinten-Quiros...

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