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PICONE/WDF, JV v. CITY OF NEW YORK

Index No. 653642/18. Appeal No. 13503N. Case No. 2020-02463.

193 A.D.3d 433 (2021)

141 N.Y.S.3d 686

2021 NY Slip Op 02083

Picone/WDF, JV, Appellant, v. City of New York, Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Mark A. Rosen of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Daniel Matza-Brown of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

Defendant's motion to renew contained a reasonable justification for the failure to present the newly discovered documents on the prior motion (CPLR 2221[e][3]), namely, that, because of a miscommunication among three different offices, the search of the 860,000 digital documents pertaining to the project did not include all the documents underlying the issuance of the Certificate of Substantial Completion (CSC).

Upon renewal...

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