Mid-State Elevator Co. v. Empire-Salina Associates

— Order unanimously affirmed without costs. Memorandum: Defendants Benjamin Kasper and Richard Kasper sought leave to renew their opposition to plaintiffs motion for summary judgment by submitting "newly discovered evidence”. That evidence consisted of proof that the work was not performed in a workmanlike manner. They also contended that the records necessary to oppose the motion in the first instance were not in their possession by reason of their disassociation with defendant partnership. Because defendants’ renewal motion was predicated on a legal theory not advanced in opposition to the…