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Weiss v. G S Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jul 18, 1990
163 A.D.2d 520 (N.Y. App. Div. 1990)

Opinion

July 18, 1990

Appeal from the Supreme Court, Queens County (Zelman, J.).


Ordered that the order is affirmed, with costs.

The defendants contend that the trial court abused its discretion in determining that the plaintiff's stipulation of settlement in a related action did not constitute new evidence warranting consideration of its renewed motion for summary judgment. Although the trial court erred in holding that no new evidence was presented, it correctly denied summary judgment. We find that the defendants have failed to establish a prima facie entitlement to such relief (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Fox v. Wyeth Labs., 129 A.D.2d 611). Bracken, J.P., Rubin, Eiber, Rosenblatt and Miller, JJ., concur.


Summaries of

Weiss v. G S Management Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jul 18, 1990
163 A.D.2d 520 (N.Y. App. Div. 1990)
Case details for

Weiss v. G S Management Corp.

Case Details

Full title:RAPHAEL WEISS, as Administrator of the Estate of M. DAVID WEISS, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 18, 1990

Citations

163 A.D.2d 520 (N.Y. App. Div. 1990)
559 N.Y.S.2d 342