Oxman v. Mountain Lake Camp Resort Inc.

Order, Supreme Court, New York County (Martin Shulman, J.), entered May 6, 2011, which, to the extent appealed from, upon renewal, granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiffs motion for recusal, unanimously affirmed, without costs.

In support of their motion for renewal, defendants submitted third-party defendant Ulster Heights Lake, Inc.’s answer to the *654third-party complaint, in which the lakefront homeowner’s association admitted that it owned the beach property where plaintiff fell and was injured. This new fact was not offered on the…