JUSTINO v. SANTIAGO

12092, 306404/11

116 A.D.3d 411 (2014)

983 N.Y.S.2d 236

2014 NY Slip Op 2226

JULIO JUSTINO et al., Respondents, v. JUAN SANTIAGO et al., Defendants, and DOUCAURE BOUBOU et al., Appellants.

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

Decided April 1, 2014.


In this action arising from a two-vehicle accident, the motion court properly denied defendants' motion for leave to renew since they did not provide any reason, let alone reasonable justification, for their failure to submit the deposition testimony of plaintiff Julio Justino on the prior motion (see CPLR 2221 [e]). Defendants have not proffered any reason for their failure to depose this plaintiff or other relevant parties before moving for summary judgment (see...

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