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REYES v. CITY OF NEW YORK

227 A.D.2d 180 (1996)

642 N.Y.S.2d 8

Omar Reyes, an Infant, by His Mother and Natural Guardian, Aurora Martinez, et al., Appellants, v. City of New York et al., Respondents

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

May 7, 1996

Since plaintiffs failed to offer a valid excuse for failing to submit the "new" evidence on the prior summary judgment motion, made five years earlier, it was not an improvident exercise of discretion to deny the renewal motion (Matthews v New York City Hous. Auth., 210 A.D.2d 205). The "new" evidence was not only available to them at the time of the earlier motion but also failed to establish...

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