CURRY v. NOCKET


123 A.D.2d 304 (1986)

Thomas Curry et al., Respondents, v. Michael Nocket et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 8, 1986


Order affirmed, with costs.

This court has previously determined that the allegedly new material facts submitted in support of the defendants' cross motion could not properly be considered by Special Term because the "new" material could have been submitted with the defendants' original cross motion for summary judgment (see, Curry v Nocket, 104 A.D.2d 435). Moreover, the "new" facts, even if considered, would not...

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