GASSAB v. R.T.R.L.L.C.

1934N, 1935N, 1935NA, 122439/99, 590217/00, 591300/00, 590113/01

69 A.D.3d 511 (2010)

893 N.Y.S.2d 540

2010 NY Slip Op 554

CHEDLI GASSAB, Appellant, v. R.T.R.L.L.C., Respondent. FLOMENHAFT & CANNATA, LLP, Nonparty Appellant; STEINBERG, FINEO, BERGER & FISCHOFF, P.C., et al., Nonparty Respondents. R.T.R.L.L.C., Third-Party Plaintiff, v. PRICE THOMAS STUDIOS, INC., Third-Party Defendant-Respondent. PRICE THOMAS STUDIOS, INC., Fourth-Party Plaintiff, v. BRONX BUILDERS, Fourth-Party Defendant-Respondent, et al., Fourth-Party Defendant. (And a Second Third-Party Action.)

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

Decided January 26, 2010.


The motion court properly found that plaintiff failed to demonstrate a reasonable justification for the failure to present the "new evidence" on the initial motion to renew (CPLR 2221 [e]; Crawford v Sorkin, 41 A.D.3d 278 [2007]). Further, the motion court correctly concluded that the evidence would not change the prior determination since the conclusion of plaintiff's expert was reached years after the 2002 trial and was belied...

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