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BACH v. CITY OF NEW YORK

33 A.D.3d 544 (2006)

827 N.Y.S.2d 2

TARA BACH, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided October 26, 2006.

Although plaintiff's motion was premised on new material and, accordingly, was one for renewal, and not reargument as the motion court thought, the substantive relief sought was nonetheless properly denied. While the record indicates that records possibly bearing on whether defendant had notice of the alleged park path defect were lost, their loss was evidently inadvertent and occurred before the Parks Department, the custodian...

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