SACHELLARIDOU v. TAP ELEC., INC.


188 A.D.2d 427 (1992)

Alice Sachellaridou, Respondent, v. Tap Electric, Inc., et al., Defendants, and Aces Mechanical, Inc., Appellant. (And a Third-Party Action.)

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

December 29, 1992


On reargument and renewal, it was an abuse of discretion not to consider the affidavit of the vice-president of Aces Mechanical, Inc., the moving defendant, during the period in question, on the ground that "this is information that could have been available to [Aces] on the prior motion." This rejected affidavit set forth a meritorious defense to the action, that is, that, contrary to the allegations of the complaint, Aces never serviced or maintained the cooling system...

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