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DONOHOE v. GIONTA & SONS GEN. CONTRACTING CO., INC.

208 A.D.2d 366 (1994)

616 N.Y.S.2d 970

David Donohoe, Appellant, v. Gionta & Sons General Contracting Company, Inc., Respondent and Third-Party Plaintiff-Respondent. Tyrone Masons Inc. et al., Third-Party Defendants-Respondents

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

October 4, 1994

The plaintiff's cross motion presented papers which had not been submitted to the newly assigned IAS Judge on the previous motion because it was believed that the motion would be submitted to the prior IAS Judge, who was already familiar with the papers. Accordingly, the cross motion should not have been deemed one for reargument, as it presented facts not previously before the court (Saferstein v Stark,

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