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HERNANDEZ v. METRO MGT. & DEV., INC.

10443. 301466/11.

177 A.D.3d 568 (2019)

110 N.Y.S.3d 851

2019 NY Slip Op 08531

Hiram Hernandez et al., Plaintiffs, v. Metro Management and Development, Inc., Defendant/Third-Party Plaintiff-Respondent. 2075 Wallace Avenue Owners Corp., Third-Party Defendant-Appellant.

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

Decided November 26, 2019.

Contrary to Wallace's contentions, Metro's motion complied with CPLR 2221(f) by identifying separately and supporting separately each item of relief sought, and its arguments in support of each were not the same. Considering the arguments, the motion court recognized that it should not have entertained —and granted—Wallace's request for relief first mentioned in reply, without affording Metro an opportunity to respond...

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