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VAN DINA v. CITY OF NEW YORK

292 A.D.2d 267 (2002)

740 N.Y.S.2d 15

FIORE A. VAN DINA et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided March 21, 2002.

The motion court properly exercised its discretion in granting renewal based on plaintiff's submission of new testimony by a nonparty witness, who did not comply with a deposition subpoena served by plaintiff at the time of the initial motion (see, Nelson v RPH Constr. Corp., 278 A.D.2d 465). The City's argument that the renewal motion was untimely under CPLR 3212 (a) is not preserved since it was not raised in the motion court,...

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