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THOMAS v. GONZALEZ

5740. 302228/14.

158 A.D.3d 531 (2018)

68 N.Y.S.3d 710

2018 NY Slip Op 01145

ANTHONY THOMAS, Respondent, v. ELVY GONZALEZ, Appellant.

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

Decided February 15, 2018.

Defendant taxi driver demonstrated that the alleged new facts uncovered in a deposition conducted after the decision on the original motion would change the prior determination of the motion court to deny his summary judgment motion (see CPLR 2221 [e] [2]; 212 Inv. Corp. v Kaplan, 44 A.D.3d 332, 333 [1st Dept 2007]; Montero v Elrac, Inc., 16 A.D.3d 284 [1st Dept 2005]). Following...

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