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ROUNDABOUT THEATRE COMPANY, INC. v. TISHMAN REALTY & CONSTRUCTION CO., INC.

302 A.D.2d 272 (2003)

756 N.Y.S.2d 12

ROUNDABOUT THEATRE COMPANY, INC., Appellant, v. TISHMAN REALTY & CONSTRUCTION CO., INC., et al., Respondents.

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

Decided February 20, 2003.

With respect to plaintiff's cause of action for negligence, defendants' motion to renew was properly based on an intervening clarification of the law (CPLR 2221 [e] [2]) in 532 Madison Ave. Gourmet Foods v Finlandia Ctr. (96 N.Y.2d 280, revg 271 A.D.2d 49 and 5th Ave. Chocolatiere v 540 Acquisition Co., 272 A.D.2d 23). It is now clear that defendants...

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