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SCANNELL v. MT. SINAI MEDICAL CENTER

256 A.D.2d 214 (1998)

683 N.Y.S.2d 18

EDWARD SCANNELL et al., Appellants, v. MT. SINAI MEDICAL CENTER et al., Respondents. (And a Third-Party Action.)

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

Decided December 22, 1998.

The IAS Court improvidently exercised its discretion here in denying the motion to renew where plaintiffs provided additional evidence not previously before the court, offered a reasonable excuse for their failure to include the additional submissions in the original motion, and demonstrated the merit of their action, and there is no claim of prejudice by defendants (see, American Continental Props. v National Union Fire Ins. Co., 200 A.D.2d 443

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