Kent v. Lincoln Metrocenter Parts

Appellate Division of the Supreme Court of New York

Kent v. Lincoln Metrocenter Parts

265 A.D.2d 192, 696 N.Y.S.2d 43, 1999 N.Y. App. Div. LEXIS 10164

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1999·Published

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered September 1, 1998, which denied plaintiff’s [193]*193motion to renew his previously denied motion to vacate the dismissal of his complaint, unanimously affirmed, without costs.

Renewal was properly denied since plaintiff made no adequate showing that the newly asserted facts, including those contained in his affidavit, could not been offered at the time of the original motion (see, Neff v Steven Schwartzapfel, P. C., 254 AD2d 137, 138). In any event, the newly submitted material, even if given substantive consideration, would not have required a result different from that reached by the court in passing upon the original motion. Concur — Sullivan, J. P., Nardelli, Williams, Rubin and Andrias, JJ.

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—Order, Supreme Court, New York County (Edward Lehner, J.), entered September 1, 1998, which denied plaintiff’s [193]*193motion to renew his previously denied motion to vacate the dismissal of his complaint, unanimously affirmed, without costs.

Renewal was properly denied since plaintiff made no adequate showing that the newly asserted facts, including those contained in his affidavit, could not been offered at the time of the original motion (see, Neff v Steven Schwartzapfel, P. C., 254 AD2d 137, 138). In any event, the newly submitted material, even if given substantive consideration, would not have required a result different from that reached by the court in passing upon the original motion. Concur — Sullivan, J. P., Nardelli, Williams, Rubin and Andrias, JJ.

Kent v. Lincoln Metrocenter Parts, 265 A.D.2d 192, 696 N.Y.S.2d 43, 1999 N.Y. App. Div. LEXIS 10164 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 192 (Kent v. Lincoln Metrocenter Parts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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