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DiMENTO v. PYRAMID SHOPPING CTRS. CO.

213 A.D.2d 984 (1995)

625 N.Y.S.2d 766

Giovanni DiMento et al., Respondents, v. Pyramid Shopping Centers Company, Defendant and Third-Party Plaintiff, and Mellon Bank N. A., as Trustee of a Trust Created by Mellon Real Estate Management Investment Corp., et al., Appellants. Bec Electric Co., Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (Appeal No. 1.)

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

March 17, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court erred in granting the motion of plaintiffs to renew their cross motion for partial summary judgment on liability under Labor Law § 240 (1) because they failed to offer any excuse why the additional proof was not submitted on the original motion (see, Foley v Roche,

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