Defendant's motion is granted in the interest of justice. In its moving papers, defendant does not advance a new legal theory, but, instead, presents new evidence from plaintiff's employer that plaintiff's accident occurred at a different site. Defendant also presents a reasonable excuse for its delay in obtaining the new evidence, namely, that its investigation into the accident was stymied by third-party defendant's refusal to comply with discovery and plaintiff's employer's refusal to comply with requests for information.
Sanchez v. Colorado Assoc., LLC, NY Slip Op 01151 (1st Dep't March 2 2023)
