TAVAREZ v. HERRASME

3488, 305639/13.

148 A.D.3d 576 (2017)

2017 NY Slip Op 02148

48 N.Y.S.3d 602

JEFFREY TAVAREZ, Respondent, v. FELIX MANUEL CASTILLO HERRASME et al., Appellant.

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

Decided March 23, 2017.


The court properly denied defendants' motion to renew plaintiff's motion for partial summary judgment on the issue of liability, which was previously granted by Supreme Court and later affirmed by this Court (see 140 A.D.3d 453 [1st Dept 2016]). There is nothing in plaintiff's deposition, which was taken after he was granted summary judgment, that constitutes new noncumulative facts that would warrant granting renewal (see Varela...

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