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490-492 AMSTERDAM AVENUE HOUSSING DEV. FUND CORP. v. O'NEAL

2298, 156161/12.

144 A.D.3d 585 (2016)

2016 NY Slip Op 07990

41 N.Y.S.3d 415

490-492 AMSTERDAM AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Respondent, v. HECTOR P. O'NEAL, Appellant.

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

Decided November 29, 2016.

Even if the "new facts not offered on the prior motion" were available to plaintiff at the time (CPLR 2221 [e] [2], [3]), the court exercised its discretion providently in granting plaintiff's motion for renewal in the interest of justice (see Cruz v Bronx Lebanon Hosp. Ctr., 73 A.D.3d 597, 598 [1st Dept 2010]). Plaintiff demonstrated that it was unaware of the January 2014 90-day notice, since it had discharged its former counsel...

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