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MIKHAIL KRONGAUZ, appellant, v. JOSEF ROTTENSTEIN, respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court, upon granting reargument, properly adhered to the original determination, since the plaintiff failed to show that the Supreme Court had misapprehended any pertinent law or fact ( see CPLR 2221[d]; Pulsifer v. Ardito, 305 A.D.2d 653).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.

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KRONGAUZ v. ROTTENSTEIN
(Nov 17, 2003)