PROMENADE v. SCHINDLER ELEVATOR CORPORATION


43 A.D.3d 359 (2007)

841 N.Y.S.2d 275

THE PROMENADE, Respondent, v. SCHINDLER ELEVATOR CORPORATION, Appellant, et al., Defendants. (And Other Actions.)

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

Decided August 30, 2007.


Appellant's 2004 summary judgment motion was properly denied since it was not based on evidence unavailable at the time of appellant's prior motion for the same relief (see e.g. Phoenix Four v Albertini, 245 A.D.2d 166 [1997]; Hapworth Med. Servs. v Kress, 218 A.D.2d 575 [1995]).

On a prior appeal (1 A.D.3d 240, 241 [2003]), this Court found that...

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