Couri v. Westchester Country Club, Inc.

Appellate Division of the Supreme Court of New York

Couri v. Westchester Country Club, Inc.

186 A.D.2d 711, 589 N.Y.S.2d 802, 1992 N.Y. App. Div. LEXIS 11996

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

DecidedOctober 19, 1992

StatusPublished

This text of 186 A.D.2d 711 (Couri v. Westchester Country Club, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Couri v. Westchester Country Club, Inc., 186 A.D.2d 711, 589 N.Y.S.2d 802, 1992 N.Y. App. Div. LEXIS 11996 (N.Y. Ct. App. 1992).

Pincite

Opinion

— In an action to recover damages, inter alia, for fraudulent inducement and breach of an implied warranty of habitability, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated November 1, 1990, which denied their motion, in effect, to renew the respondents’ cross motion to dismiss the complaint, which was granted in a prior order of the same court, entered March 23,1990.

Ordered that the order is affirmed, with costs.

We reject the plaintiffs’ contention that the Supreme Court improvidently exercised its discretion in denying their motion to renew the respondents’ cross motion to dismiss the com[712]*712plaint. Six of the exhibits submitted by the plaintiffs in support of their motion to renew were before the court when it decided the prior motion to dismiss the complaint, and one of the exhibits readily could have been obtained prior to dismissal of the complaint through the exercise of due diligence. The remaining exhibits did not provide sufficient justification for granting renewal. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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— In an action to recover damages, inter alia, for fraudulent inducement and breach of an implied warranty of habitability, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), dated November 1, 1990, which denied their motion, in effect, to renew the respondents’ cross motion to dismiss the complaint, which was granted in a prior order of the same court, entered March 23,1990.

Ordered that the order is affirmed, with costs.

We reject the plaintiffs’ contention that the Supreme Court improvidently exercised its discretion in denying their motion to renew the respondents’ cross motion to dismiss the com[712]*712plaint. Six of the exhibits submitted by the plaintiffs in support of their motion to renew were before the court when it decided the prior motion to dismiss the complaint, and one of the exhibits readily could have been obtained prior to dismissal of the complaint through the exercise of due diligence. The remaining exhibits did not provide sufficient justification for granting renewal. Eiber, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

186 A.D.2d 711, 589 N.Y.S.2d 802, 1992 N.Y. App. Div. LEXIS 11996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/couri-v-westchester-country-club-inc-nyappdiv-1992.