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GONZALEZ v. VIGO CONSTRUCTION CORPORATION

2008-03721

69 A.D.3d 565 (2010)

892 N.Y.S.2d 194

2010 NY Slip Op 100

MARTIN C. GONZALEZ, by His Guardian ad Litem, GUADALUPE ROMERO REYES, Respondent, v. VIGO CONSTRUCTION CORP., Defendant/Third-Party Plaintiff-Appellant-Respondent, et al., Defendant/Third-Party Plaintiff. EAST WIND CONTRACTING, INC., Third-Party Defendant-Respondent-Appellant.

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

Decided January 5, 2010.

Ordered that order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff, payable by Vigo Construction Corp. and East Wind Contracting, Inc., and one bill of costs to Vigo Construction Corp., payable by East Wind Contracting, Inc.

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] ...

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