[Download] "Anthony Canzoneri v. Wigand Corporation" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Anthony Canzoneri v. Wigand Corporation
• Author : Supreme Court of New York
• Release Date : January 24, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

DECISION & ORDER The defendant's challenge to a prior decision of the same court dated January 24, 1989, vacating the
plaintiff's default in responding to the defendant's motion for summary judgment is not properly before us. While a motion for leave to renew a prior motion should generally be based on newly discovered facts (see, Caffee v Arnold,
104 A.D.2d 352, 352), it is within a court's "discretion to grant renewal even upon facts known to the movant at the time
of the original motion" (Esa v New York Prop. Ins. Underwriting Assn., 89 A.D.2d 865, 866; see also, Oremland v Miller Minutemen
Constr. Corp, 133 A.D.2d 816, 818; Vitale v La Cour, 96 A.D.2d 941). Here, the court properly exercised its discretion and
accepted as new evidence, proof that was available to the plaintiff at the time of the defendant's original motion for summary
judgment. This new proof, an affidavit from the plaintiff's employer who had personal knowledge regarding the plaintiff's
work assignments, has clearly raised an issue of fact regarding the date of the accident.

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