Legal Opinion

DeFreitas v. Board of Education of City of Mount Vernon District No. 416

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1987PublishedCited by 41 opinions

1Opinion of the Court

In a negligence action to recover damages for *673personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Beisheim, J.), entered December 3, 1985, which denied its motion for leave "to renew and reargue” the denial of its prior cross motion, inter alia, to compel acceptance of its answer nunc pro tunc.

Ordered that the appeal is dismissed, with costs.

The information in the affidavits submitted in support of the defendant’s motion was clearly available to the defendant at the time of its original cross motion. The defendant, nevertheless, failed to…

2Cases cited3 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  2. Brann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
  3. Champlain Valley Electric Supply Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by41 opinions

  1. Mgrditchian v. DonatoAppellate Division of the Supreme Court of the State of New York · 1988
  2. American Sigol Corp. v. ZichermanAppellate Division of the Supreme Court of the State of New York · 1990
  3. Wodecki v. CartyAppellate Division of the Supreme Court of the State of New York · 1990
  4. Everything Yogurt, Inc. v. ToscanoAppellate Division of the Supreme Court of the State of New York · 1996
  5. Polanco v. DuranAppellate Division of the Supreme Court of the State of New York · 2000

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