Legal Opinion
Hughes v. Nussbaumer
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988No. Appeal No. 2PublishedCited by 6 opinions
1Opinion of the Court
The affidavits and documents submitted on the motion to *990reargue were not before the court on the initial application for summary judgment, and those new facts may not be injected at the appellate level (Matter of Bligen v Kelly, 126 AD2d 989; Broida v Bancroft, 103 AD2d 88). Accordingly, we modify that portion of the order settling the record on appeal for the summary judgment proceeding by deleting the material appearing at pages 283 through 336 of the printed record. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — reargument.) Present — Dillon, P. J., Green, Pine, Balio…
2Cases cited2 opinions
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- Bligen v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by6 opinions
- McCay v. J.A. Jones-GMO, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Serino v. Miller Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Darrel Downing Rippeteau Architects, P. C. v. DeeAppellate Division of the Supreme Court of the State of New York · 1989
- First United Methodist Church of Syracuse v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1989
- Kircher v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1988
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