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EAST 26TH STREET & PARK AVENUE REALTY, L.L.C. v. SHAW INDUSTRIES, INC.

2 A.D.3d 171 (2003)

767 N.Y.S.2d 775

EAST 26TH STREET & PARK AVENUE REALTY, L.L.C., Respondent, v. SHAW INDUSTRIES, INC., et al., and Defendants, HRH CONSTRUCTION CORPORATION, Appellant.

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

December 9, 2003.

Newly discovered facts, not available at the time of general contractor HRH's prior dismissal motion, would have altered the determination on that motion (CPLR 2221 [e] [2]). Plaintiff provided reasonable justification for failure to present such facts on the prior motion (CPLR 2221 [e] [3]), in light of recent deposition testimony disclosing that HRH had concealed the manner in which the carpeting had been damaged, and frustrated plaintiff's efforts, after its installation...

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