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Scott v. Brickhouse

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 397 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently. exercise its discretion in granting renewal. The plaintiffs offered an affidavit of merit and an acceptable excuse for failing to previously submit proof of certain facts. Additionally, the equities of this matter, as well as the interests of justice, were properly served by permitting renewal ( see, Petito v. Verrazano Contr. Co., 246 A.D.2d 636; Karlin v. Bridges, 172 A.D.2d 644). The appellant's remaining contentions are without merit.

O'Brien, J.P., Pizzuto, Joy and Florio, J.J., concur.


Summaries of

Scott v. Brickhouse

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 397 (N.Y. App. Div. 1998)
Case details for

Scott v. Brickhouse

Case Details

Full title:JESSE SCOTT, Individually and as Administrator of the Estate of THELMA S…

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 397 (N.Y. App. Div. 1998)
676 N.Y.S.2d 542