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SENTRY INS. CO. v. KERO-SUN, INC.

154 A.D.2d 662 (1989)

Sentry Insurance Company, as Subrogee of William C. Haldenwang, Respondent, v. Kero-Sun, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Toyotomi Kogyo Co., Ltd., Third-Party Defendant-Appellant

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

October 30, 1989

Ordered that the order is affirmed, with costs to the plaintiff-respondent.

Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting leave to renew (see, Vitale v La Cour, 92 A.D.2d 892). The new evidence offered was obtained pursuant to court-ordered disclosure during the pendency of the appellant's motion for summary...

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