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GORDON v. 476 BROADWAY REALTY CORP.

6422, 103951/12.

161 A.D.3d 417 (2018)

73 N.Y.S.3d 883

2018 NY Slip Op 03110

Anthony Gordon, Plaintiff, and Martina Gordon, Appellant, v. 476 Broadway Realty Corp. et al., Respondents.

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

Decided May 1, 2018.

Plaintiff failed to satisfy her heavy burden on this post-appeal renewal motion to show that, by exercising due diligence, she could not have obtained the purported new facts at the time of the original motion (see Matter of Weinberg, 132 A.D.2d 190 [1st Dept 1987], lv dismissed 71 N.Y.2d 994 [1988]). In any event, the allegedly newly discovered documents would not change the prior determination (see CPLR 2221 [e] ...

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