Practice point: Defendants failed to offer a plausible excuse as to why they failed
to secure a sworn statement from plaintiff's foreman although 2½ years
had transpired since plaintiff's deposition where defendants learned of
the foreman's involvement at the accident site. Accordingly, the court denied defendants a
further extension of the time in which to file their summary judgment
motion so as to permit them to obtain and incorporate such statement in
the motion.
Student note: Since defendants failed to show any new facts which were not previously considered
by the court on the original motion, their motion to renew and reargue
was actually one for reargument only, the denial of which is
nonappealable.
Case: Garcia v. New York Times Co., NY Slip Op 03380 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Homeowner's liability for negligent snow and ice removal.
