Doherty v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered May 6, 2004, which granted, on renewal, the motion by defendant and third-party defendant Total Safety Consulting for summary judgment dismissing all claims and cross claims against it, unanimously affirmed, without costs.
Total Safety offered a reasonable excuse for not having submitted the affidavit of plaintiffs coworker, Barr, at the time *125the prior motion was made, and its presentation of an affidavit from plaintiff that was not sworn to until the court’s original motion had already been decided (see Tishman Constr.…
2Cases cited3 opinions
- Tishman Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Chemical Bank v. PIC Motors Corp.New York Court of Appeals · 1983
- Perez v. Brux Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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