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Grossberger v. Southbridge Towers

205 A.D.2d 401 Court N.Y. App. Div. Decision date 1994-06-21 English

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p. 401
Margaret Grossberger et al., Appellants, v Southbridge Towers et al., Respondents.
[614 NYS2d 128]

Order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about May 12, 1993, which, inter alia, denied plaintiffs’ motion to renew a prior order, same court and Justice, entered March 2, 1992, dismissing the complaint for plaintiff husband’s failure to appear at a deposition ordered by the court, unanimously affirmed, without costs.

The order appealed from is nonappealable insofar as it denied reargument (Charney v North Jersey Trading Corp., 184 AD2d 409 ), and insofar as it may be deemed to have denied renewal, we agree with the IAS Court that plaintiff husband failed to offer a valid excuse for not submitting the additional facts concerning plaintiff wife’s death and his own illness on the original motion (Mangine v Keller, 182 AD2d 476 , 477). Concur—Rosenberger, J. P., Kupferman, Ross, Nardelli and Tom, JJ.

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