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STEVANOVIC v. T.U.C. MANAGEMENT CO., INC.

305 A.D.2d 133 (2003)

758 N.Y.S.2d 59

BATRIC STEVANOVIC et al., Respondents, v. T.U.C. MANAGEMENT CO., INC., Appellant.

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

Decided May 6, 2003.

While defendant's motion for summary judgment, its second, was not procedurally inappropriate, having been premised in part upon new evidence obtained in discovery since its first summary judgment motion several years before (cf. Public Serv. Mut. Ins. Co. v Windsor Place Corp., 238 A.D.2d 142, 143 [1997]), the motion was nonetheless properly denied. Plaintiff sues to recover for injuries...

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