Spencer v. Hylton-Spencer

The court erred in denying that branch of the appellants’ motion which was for renewal of their motion for summary judgment dismissing the third-party complaint. The appellants proffered a bank appraisal of the subject property that was unavailable at the time of the original motion because it could not be found by the mortgagee who possessed it (see, Schumann v City of New York, 242 AD2d 616; Matter of Bernstein v Mitgang, 242 AD2d 328; 12 Weinstein-Korn-Miller, NY Civ Prac ¶ 5701.24). However, even when the appraisal is considered, the appellants are not entitled to summary judgment. There…