FEASTER v. BOULABAT

5459, 308385/08.

85 A.D.3d 664 (2011)

925 N.Y.S.2d 828

2011 NY Slip Op 5567

JOANNE FEASTER, Appellant, v. THAMI BOULABAT et al., Respondents.

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

Decided June 28, 2011.


Defendants failed to provide a reasonable explanation as to why they did not mention, in opposition to plaintiff's motion for partial summary judgment, that they were experiencing difficulty in locating Boulabat. Because defendants failed to provide a reasonable excuse for not presenting such facts on the prior motion, the motion to renew should have been denied (see CPLR 2221 [e] [3]; see also American Audio Serv. Bur. Inc. v AT & T Corp.,

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