TAUB v. ART STUDENTS LEAGUE OF NEW YORK


63 A.D.3d 630 (2009)

882 N.Y.S.2d 94

NURI TAUB, Appellant, v. THE ART STUDENTS LEAGUE OF NEW YORK, Defendant, and AMERICON CONSTRUCTION, INC., Respondent.

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

Decided June 30, 2009.


While the motion court incorrectly denominated plaintiff's motion as one to reargue, it clearly treated it as one to renew, describing the evidentiary material submitted by plaintiff on the motion, a witness statement, and rejecting it for lack of an explanation why it was not submitted on defendants' prior motion for summary judgment dismissing the complaint for lack of evidence of, inter alia, the cause of plaintiff's fall (see CPLR 2221 [e] [2], [3]; Dupont v...

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