LAOURDAKIS v. TORRES

8084, 306925/08.

98 A.D.3d 892 (2012)

950 N.Y.S.2d 703

2012 NY Slip Op 6259

CHRISTINA LAOURDAKIS et al., Appellants, v. ROBERTO TORRES, Respondent, et al., Defendants.

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

September 25, 2012.


Although plaintiffs' motion to renew was based on information that could have been presented earlier, courts have discretion to consider such evidence in the interest of justice (see Joseph v Board of Educ. of the City of N.Y., 91 A.D.3d 528, 529 [1st Dept 2012]; Cruz v Bronx Lebanon Hosp. Ctr., 73 A.D.3d 597, 598 [1st Dept 2010]). Here, the affidavit of merit submitted on renewal, together...

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