CHELSEA PIERS MANAGEMENT v. FOREST ELECTRIC CORPORATION


281 A.D.2d 252 (2001)

722 N.Y.S.2d 29

CHELSEA PIERS MANAGEMENT et al., Respondents, v. FOREST ELECTRIC CORPORATION et al., Defendants, and INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant.

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

Decided March 15, 2001.


IINA's motion for renewal was properly denied since the evidentiary matter upon which it was premised, a mere restatement in affidavit form of information supplied to plaintiffs by IINA at the time IINA rejected their insurance claim, was available to IINA at the time of the original motion and no viable excuse has been submitted for the failure to submit it at that time. Renewal is not available as a "second chance" for parties who have not exercised due diligence in making...

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