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VASQUEZ v. MANHATTAN COLL.

Index No. 28636/19, Appeal No. 1523, Case No. 2023-01676.

2024 NY Slip Op 00365

CHRISTIAN OLMEDO VASQUEZ, Plaintiff-Respondent, v. MANHATTAN COLLEGE, Defendant-Appellant, PAVARINI NORTH EAST CONSTRUCTION CO., INC., Defendant. MANHATTAN COLLEGE, Third-Party Plaintiff-Appellant, v. ENVIRONMENTAL MAINTENANCE CONTRACTORS, Third-Party Defendant-Respondent.

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

Decided January 25, 2024.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, White Plains ( William T. O'Connell of counsel), for appellant.

Gallo Vitucci Klar LLP, New York ( C. Briggs Johnson of counsel), for Environmental Maintenance Contractors, respondent.

Before: Moulton, J.P., Kapnick, Mendez, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 12, 2022, which denied defendant/third-party plaintiff Manhattan College's motion to renew third-party defendant Environmental Maintenance Contractors' (EMC) motion for summary judgment dismissing Manhattan College's contractual indemnification claim against it, unanimously affirmed, without costs.

A motion for leave to renew a prior motion must be based upon "new facts not offered on the prior...

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