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MATTER OF EAST 51ST ST. CRANE COLLAPSE LITIG.

8576, 769000/08, 104427/08.

100 A.D.3d 503 (2012)

954 N.Y.S.2d 64

In the Matter of EAST 51ST STREET CRANE COLLAPSE LITIGATION. JOHN DELLA PORTA et al., Plaintiffs v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, Respondent, and RELIANCE CONSTRUCTION GROUP et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

November 15, 2012.

The motion court properly found that RCG failed to demonstrate a reasonable justification for the failure to present the "new evidence" in opposition to the initial motion (CPLR 2221 [e]; see American Audio Serv. Bur. Inc. v AT & T Corp., 33 A.D.3d 473, 476 [1st Dept 2006]). Further, the motion court correctly concluded that the evidence would not have changed the prior determination, since the parties' 2008 construction management...

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