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LUNA v. BRODCOM W. DEV. CO. LLC

10393N. 101340/15.

177 A.D.3d 516 (2019)

110 N.Y.S.3d 547

2019 NY Slip Op 08382

Carmen Lezcano Luna et al., Respondents, v. Brodcom West Development Company LLC et al., Appellants. Brodcom West Development Company LLC et al., Third-Party Plaintiffs-Appellants, v. P.S. Marcato Elevator Co., Inc., Third-Party Defendant-Appellant.

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

Decided November 19, 2019.

The court did not abuse its discretion in granting plaintiff's motion for leave to renew and reargue and, upon renewal and reargument, vacating its order that had granted appellants' motions to strike the complaint. Plaintiff sufficiently established that she substantially complied with the court's orders and did not engage in willful, contumacious or bad faith conduct (see Hogin v City of New York, 103 A.D.3d 419, 420 [1st Dept...

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