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April 30, 2019 posted by

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About Fancy Anywhere Fancy Anywhere enables your visitors to buy things on Fancy directly from your own blogs and websites. Manifestly, a trial can be no less a search for fairness than the discovery proceedings which preceded it, nor may a litigant’s right to due process be thus impaired absent some overarching principle or purpose not evident in the case at bar. Instead, defendant argued that Ms. In the present application, movant maintains that in denying her prior motion for summary judgment, the Court overlooked the basic principal that a defaulting party is precluded from testifying at the time of trial on the issue of liability and, therefore, plaintiff will be unable to prove notice of the alleged defective condition of the carpet. It is well established that a motion for leave to reargue is addressed to the sound discretion of the court and affords the moving party an opportunity to show that the court overlooked or misapprehended the facts or the law or for some other reason mistakenly arrived at its earlier decision see CPLR [d][2]; Doirio v City of New York, AD2d [2nd Dept ]. Accordingly, defendant alleges that the Court erred in denying her motion for summary judgment on the basis of the Sepe affidavit. A default judgment in the third-party action was entered against the third-party defendants on December 12,

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Log In Interested in selling? In her reply papers on the original motion, defendant objected to the admissibility of Ms. The issue of whether or not Ms.

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More social networks Already on Fancy? For more information, see Fancy Anywhere. Sepe attests that four months prior to the accident in question, she complained in a telephone conversation with the landlord’s daughter, Kit Yip who was known to Ms. Your browser is out of date To get the best possible experience using Fancy we recommend that you upgrade to the latest version of Internet Explorer or other web browser. In the instant matter, movant has failed to convince this Court that it misapprehended the law in denying the prior motion.

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A default judgment in the third-party action was entered against the third-party defendants on December 12, You will earn Fancy credits when they complete a purchase. Moreover, it is incontrovertible that defendant’s claim that the Court “either misapplied the law regarding Ms. Join Fancy Fancy is the place to discover and buy amazing things curated by our global community. Sepe was allegedly informed at that time that if she paid her rent on time for one or two years, the carpet would be replaced.

At the time, plaintiff, her mother and stepfather third-party defendants Carol Ann Sepe and Michael Sepe were tenants in the subject premises.

It is not to be used, however, as the means by which an ylng party is permitted to argue again the same issues previously decided see Pro Brokerage v Home Ins. Sepe’s affidavit should be disregarded “as it refers to a document which is not only hearsay, but not even attached to the affirmation in opposition.

About Fancy Anywhere Fancy Yingg enables your visitors to buy things on Fancy directly from your own blogs and websites. Sepe’s ability to testify at the time of trial or simply failed to address [this] issue” was not tendered on the original motion and, therefore, is not properly raised on reargument see Pryor v Commonwealth Land Title Ins. On this basis, the moving defendant further contends that plaintiff’s only evidence in opposition to her prior motion, i.

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Accordingly, defendant alleges that the Court erred in denying her motion for summary judgment on the basis of the Sepe affidavit.

Manifestly, a trial can be no less a search for fairness than the discovery proceedings which preceded it, qun may a litigant’s right to due process be thus impaired absent some overarching principle or purpose not evident in the case at bar.

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Join with Facebook Google Twitter. In the present application, movant maintains that in denying her prior motion for summary judgment, the Court overlooked the basic principal that a defaulting party is precluded yinf testifying at the time of trial on the issue of liability and, therefore, plaintiff will be unable to prove notice of the alleged defective condition of the yin.

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Sepe’s affidavit on the sole ground that “[p]laintiff cannot create an issue of fact with a statement which relies on a hearsay document not even produced. Sepe as the owner’s representative [FN1]about the “torn, ripped and bunched up” carpeting on the stairs and asked that it be replaced. In any event, were the issue properly before it, this Court does not perceive that the principles which bar a defaulting party from contesting the merits of an action in which he or she is a party should have any application to another cause of action, e.

In the alternative, plaintiff maintains that inadmissible evidence may be considered in opposition to a motion for summary judgment provided that it is not the only evidence relied upon. To get the best possible experience using Fancy we recommend that you upgrade to the latest version of Internet Explorer or other web browser. Instead, defendant argued that Ms. Reset Password Back to Login. Reset Password Enter your email address to reset your password.

Reset email sent We will send a password reset link if this email is associated with a Fancy account. In opposing reargument, plaintiff maintains that defendant has impermissibly interjected a new issue that was never advanced in support of summary judgment, i.

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