LINDSAY v. FUNTIME, INC.


184 A.D.2d 1036 (1992)

Darla Lindsay, Individually and as Administratrix of The Estate of Kelly Hilts, Deceased, Appellant, v. Funtime, Inc., Doing Business as Darien Lake, Respondent. Heather Kelly, Individually and as Administratrix of The Estate of Andrew J. Lather, Deceased, Appellant, v. Funtime, Inc., Doing Business as Darien Lake, Respondent. (Appeal No. 2.)

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

June 25, 1992


Appeal from order insofar as it denied reargument unanimously dismissed without costs and otherwise order affirmed.

Memorandum:

Supreme Court properly denied plaintiffs' motion insofar as it sought renewal of the original motion. The new evidence upon which plaintiffs purported to rely was not newly discovered and plaintiffs failed to offer an explanation for their failure to submit that evidence in opposition to defendant's original motion (see,

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