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SCHULTZ v. TURNER CONSTRUCTION COMPANY

278 A.D.2d 76 (2000)

717 N.Y.S.2d 182

EDWARD J. SCHULTZ et al., Respondents, v. TURNER CONSTRUCTION COMPANY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 14, 2000.

Defendants' claim that plaintiffs fraudulently concealed evidence of re-injury was not preserved for appellate review by timely objection, and we decline to consider it (CPLR 4017). Were we to consider such claim, we would find that defendants' failure to discover this evidence was not due to fraud on plaintiffs' part but to lack of due diligence on their part. In addition, we would note that the re-injury was discovered during...

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