MacKenzie v. Michelsen

Appellate Division of the Supreme Court of New York

MacKenzie v. Michelsen

209 A.D.2d 361, 619 N.Y.S.2d 556, 1994 N.Y. App. Div. LEXIS 11784

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

DecidedNovember 29, 1994

StatusPublished

This text of 209 A.D.2d 361 (MacKenzie v. Michelsen) 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

MacKenzie v. Michelsen, 209 A.D.2d 361, 619 N.Y.S.2d 556, 1994 N.Y. App. Div. LEXIS 11784 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered on or about August 20, 1993, which denied defendant-hospital’s motion to renew its prior motion for summary judgment, unanimously affirmed, without costs.

The IAS Court properly determined that renewal was not warranted since, as the hospital admits, the new evidence submitted in support of the motion was neither undiscovered nor unavailable at the time of the original motion and the [362]*362hospital tendered no excuse for not offering the evidence initially (see, 300 W. Realty Co. v City of New York, 99 AD2d 708, 709).

We have considered defendant’s other claims and find them to be without merit. Concur—Wallach, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered on or about August 20, 1993, which denied defendant-hospital’s motion to renew its prior motion for summary judgment, unanimously affirmed, without costs.

The IAS Court properly determined that renewal was not warranted since, as the hospital admits, the new evidence submitted in support of the motion was neither undiscovered nor unavailable at the time of the original motion and the [362]*362hospital tendered no excuse for not offering the evidence initially (see, 300 W. Realty Co. v City of New York, 99 AD2d 708, 709).

We have considered defendant’s other claims and find them to be without merit. Concur—Wallach, J. P., Ross, Rubin, Nardelli and Tom, JJ.

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Bluebook (online)

209 A.D.2d 361, 619 N.Y.S.2d 556, 1994 N.Y. App. Div. LEXIS 11784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackenzie-v-michelsen-nyappdiv-1994.

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