Legal Opinion

Vayser v. Waldbaum, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 1996PublishedCited by 9 opinions

1Opinion of the Court

The factual and procedural background of this case are set forth in Vayser v Waldbaum, Inc. (225 AD2d 761 [decided herewith]).

*761Although a motion to renew is generally based upon the discovery of material facts which were unknown to the movant at the time of the original motion (see, Chiarella v Quitoni, 178 AD2d 502), it is well settled that "[t]he requirement * * * is a flexible one, and a court, in its discretion, may grant renewal upon facts known to the moving party at the time of the original motion” (Karlin v Bridges, 172 AD2d 644, 645; CPLR 2221). Under the facts of this case, the…

2Cases cited6 opinions

  1. Pulka v. EdelmanNew York Court of Appeals · 1976
  2. Margolin v. FriedmanNew York Court of Appeals · 1978
  3. Kimbar v. EstisNew York Court of Appeals · 1956
  4. Chiarella v. QuitoniAppellate Division of the Supreme Court of the State of New York · 1991
  5. Karlin v. BridgesAppellate Division of the Supreme Court of the State of New York · 1991

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3Cited by9 opinions

  1. Tishman Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  2. Strong v. Brookhaven Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997
  3. Garner v. LatimerAppellate Division of the Supreme Court of the State of New York · 2003
  4. Liberty Mutual Insurance v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  5. Comolli v. 81 & 13 Cortland Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2001

4 more not listed; retrieve them via the Exa API.

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