COOPER v. MABRU ASSOCS.


237 A.D.2d 188 (1997)

654 N.Y.S.2d 377

Sophie Cooper, Respondent, v. Mabru Associates et al., Defendants, and Charles H. Greenthal and Company, Appellant. (And a Third-Party Action and a Second Third-Party Action.)

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

March 20, 1997


Insofar as defendant urged that the initial decision implicitly assumed plaintiff's availability at trial, where she could be examined about the changes she made to the deposition, but that subsequent to the decision the elderly plaintiff's health had so deteriorated as to make her availability at trial doubtful, defendant was offering new proof not considered on the initial motion, which, it is clear from the motion court's decision, the motion court actually considered...

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