HERRERA v. MATLIN

Defendants fail to explain why they did not submit the newly submitted materials on the prior motion (CPLR 2221[e][3]). In any event, were we to consider these materials, we would adhere to our prior decision affirming the striking of defendants' answer ( 303 A.D.2d 198).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.