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FRAMAPAC DELICATESSEN, INC. v. AETNA CAS. & SUR. CO.

249 A.D.2d 36 (1998)

670 N.Y.S.2d 491

Framapac Delicatessen, Inc., et al., Respondents, v. Aetna Casualty and Surety Company et al., Appellants

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

April 7, 1998

Plaintiffs' motion, correctly considered by the IAS Court as one for renewal since it was based upon newly submitted evidence (see, Bibeau v Ward, 193 A.D.2d 875, 876; Segall v Heyer, 161 A.D.2d 471, 473), was properly granted. Although renewal is generally not available where the newly submitted material was available at the time of the original motion (see, Foley v Roche...

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