CONLEY v. CENT. SQUARE SCH. DIST.


255 A.D.2d 981 (1998)

679 N.Y.S.2d 872

Timothy P. Conley et al., Individually and as Parents and Natural Guardians of Eric V. Conley, an Infant, Respondents, v. Central Square School District et al., Defendants and Town of Constantia, Appellant

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

November 13, 1998


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Town of Constantia (Town) to renew its motion for summary judgment dismissing the complaint against it. The Town failed to establish that its submissions in support of its motion to renew could not have readily and with due diligence been made part of the original motion (see, Lindsay v Funtime, Inc. [appeal No. 2], 184 A...

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