Precision Electro Minerals Co. v. Dryden Mutual Insurance
Opinion of the Court
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered December 12, 2002. The judgment, inter alia, granted the motion of defendant Dryden Mutual Insurance Co. for summary judgment and rendered a declaratory judgment in its favor.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the amended complaint against defendant Dryden Mutual Insurance Co. and as modified the judgment is affirmed without costs.
Memorandum: In appeal No. 1, plaintiff appeals from a judgment granting the motion of defendant Dryden Mutual Insurance Co. (Dryden) for summary judgment declaring that Dryden is not obligated to defend or indemnify plaintiff in the underlying action, denying plaintiffs cross motion for summary judgment against Dryden, and dismissing the amended complaint
We conclude in appeal No. 2 that the court properly denied plaintiffs motion for leave to renew. The alleged “new” facts submitted in support of the motion for leave to renew were contained in a letter that was attached as an exhibit to Dryden’s original motion papers, and thus plaintiff failed to establish that the alleged “new” facts were unavailable at the time of the original motion and cross motion (see Nelson v RPH Constr. Corp., 278 AD2d 465 [2000]). Present—Pigott, Jr., PJ., Green, Pine, Gorski and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.