AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOSE MUNDO et al., Appellants, v. SMS HASENCLEVER MASCHINENFABRIK, Respondent, et al., Defendant. (And a Third-Party Action).

Defendant's motion for summary judgment, made some eight years after the accident and five years after commencement of the action, was properly granted for plaintiff's failure to specify any defect in the bonding press in which his hand was caught ( see, Jerry v. Borden Co., 45 A.D.2d 344, 348). While plaintiffs did submit an expert's affidavit suggesting a design defect as the cause of the injury on their motion to renew, this was properly rejected by the IAS Court as inexcusably belated, with an apt reference to the principle that "[r]enewal is granted sparingly * * * it is not a second chance freely given to parties who have not exercised due diligence in making their first factual presentation" ( Matter of Beiny, 132 A.D.2d 190, 210, lv dismissed 71 N.Y.2d 994; see also, Matter of Barnes v. State of New York, 159 A.D.2d 753, lv dismissed 76 N.Y.2d 935).

Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Williams, JJ.

Use AI to get other relevant cases.

Comments

MUNDO v. MASCHINENFABRIK
(Feb 27, 1996)