SZENTMIKLOSY v. COUNTY NEON SIGN CORP.


276 A.D.2d 406 (2000)

715 N.Y.S.2d 11

GEZA SZENTMIKLOSY, Respondent, v. COUNTY NEON SIGN CORP., Defendant, F. J. SCIAME CONSTRUCTION CO., INC., Respondent, and JOHN CAPELLI ERECTORS, Appellant. (And a Third-Party Action.)

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

Decided October 24, 2000.


Renewal was properly granted since the new evidence upon which plaintiff relies, an affidavit by a witness to the accident for which recovery is sought, was not available at the time of the original motion, the affiant having then refused to provide an affidavit. Also proper was the denial of defendant Capelli Erectors' previously granted summary judgment motion. The newly submitted affidavit raises triable issues as to whether...

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