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INNOVATIVE CONCEPTS AND DESIGN, LLC v. AL INFINITY, LLC

650962/20. Appeal No. 16549. Case No. 2022-00950.

209 A.D.3d 609 (2022)

175 N.Y.S.3d 720

2022 NY Slip Op 06066

Innovative Concepts and Design, LLC, Appellant, v. AL Infinity, LLC, Respondent.

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

Decided October 27, 2022.

Attorney(s) appearing for the Case

Lazar Grunsfeld Elnadav, LLP, Brooklyn (Gerry Grunsfeld of counsel), for appellant.

Katsky Korins LLP, New York (Elan R. Dobbs of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about February 23, 2022, which denied plaintiff's motion to renew its opposition to defendant's motion to dismiss the complaint, to amend its complaint, and to consolidate the action with another action commenced by defendant, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying the motion to renew. While the new evidence itself—documents...

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