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COHOES REALTY ASSOCIATES v. LEXINGTON INSURANCE COMPANY

266 A.D.2d 11 (1999)

698 N.Y.S.2d 217

COHOES REALTY ASSOCIATES et al., Respondents, v. LEXINGTON INSURANCE COMPANY, Appellant, and MARSHALL & STERLING UPSTATE, INC., Defendant and Third-Party Plaintiff-Appellant. NEW ENGLAND RISK SPECIALISTS, INC., Third-Party Defendant-Respondent.

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

Decided November 4, 1999.

It was an improvident exercise of Trial Term's discretion to grant renewal where this Court had affirmed its previous denial of summary judgment to plaintiffs and, upon a search of the record, granted summary judgment in favor of Lexington (250 A.D.2d 420, lv dismissed 92 N.Y.2d 1001), particularly where plaintiffs failed to demonstrate a justifiable excuse for not pursuing discovery against NERS...

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