KENT v. [And a Third Party Action]. (1999)

Supreme Court, Appellate Division, First Department, New York.

William KENT, Plaintiff-Appellant, v. LINCOLN METROCENTER PARTS, etc., et al., Defendants-Respondents. [And a Third Party Action].

Decided: October 12, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN and ANDRIAS, JJ.

Scott N. Singer, for Plaintiff-Appellant. Steven C. Mandell, for Defendants-Respondents.

Order, Supreme Court, New York County (Edward Lehner, J.), entered September 1, 1998, which denied plaintiff's motion 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 A.D.2d 137, 138, 679 N.Y.S.2d 37). 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.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law