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DOHERTY v. CITY OF NEW YORK

16 A.D.3d 124 (2005)

791 N.Y.S.2d 523

DAMIEN DOHERTY, Plaintiff, v. CITY OF NEW YORK et al., Appellants, and TOTAL SAFETY CONSULTING, INC., Respondent. PMS CONSTRUCTION MANAGEMENT CORP., Third-Party Plaintiff-Appellant, v. VAN-TAG CONTRACTING CORP., Third-Party Defendant-Appellant, and TOTAL SAFETY CONSULTING, INC., Third-Party Defendant-Respondent.

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

March 3, 2005.

Total Safety offered a reasonable excuse for not having submitted the affidavit of plaintiff's coworker, Barr, at the time the prior motion was made, and its presentation of an affidavit from plaintiff that was not sworn to until the court's original motion had already been decided (see Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374 [2001]). The mere fact that disclosure...

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