Morrison v. Rosenberg
Decision Date | 18 December 2000 |
Citation | 278 A.D.2d 392,717 N.Y.S.2d 354 |
Court | New York Supreme Court — Appellate Division |
Parties | GLENN P. MORRISON et al., Respondents,<BR>v.<BR>HARVEY M. ROSENBERG et al., Appellants. (And a Third-Party Action.) |
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was for leave to renew is denied, and the order dated February 24, 1999, is reinstated.
The law is well settled that: (Cole-Hatchard v Grand Union, 270 AD2d 447).
Here, the plaintiffs failed to provide a reasonable excuse for their failure to submit in opposition to the defendants' motion for summary judgment, authenticated, clear pictures of the alleged defect which caused the injured plaintiff's fall. Moreover, they offered no reasonable excuse for the failure to submit the affidavit of a witness indicating that the alleged defect was in substantially the same condition for at least six months before the injured plaintiff's accident. Accordingly, the Supreme Court improvidently exercised its discretion in granting that branch of the plaintiffs' motion which was for leave to renew.
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