TSIOUMAS v. TIME OUT HEALTH & FITNESS

3745N, 26811/04.

78 A.D.3d 619 (2010)

912 N.Y.S.2d 194

SOTIRIOS TSIOUMAS, Respondent, v. TIME OUT HEALTH & FITNESS et al., Appellants.

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

Decided November 30, 2010.


Plaintiff was allegedly injured when he tripped on a racquetball court at defendants' sports facility because a portion of a floor plank was missing. Even if we were to find that plaintiff, on his motion to renew, did not offer reasonable justification for not providing his "new" evidence earlier on his original motion, we would find that renewal should nonetheless be granted so as not to defeat substantial fairness (Garner v Latimer, 306 A.D...

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