NEW YORK CITY HOUSING AUTHORITY v. NATIONAL UNION FIRE INSURANCE COMPANY


270 A.D.2d 123 (2000)

705 N.Y.S.2d 45

NEW YORK CITY HOUSING AUTHORITY, Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided March 21, 2000.


Since a copy of the subject insurance policy, which was issued to plaintiff's elevator service contractor as the primary insured, was provided to plaintiff only after it had made its first motion for summary judgment, its second motion for summary judgement was based on what was effectively newly discovered evidence, and, as such, was not an impermissible multiple motion (see, Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3212:21, at 328...

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