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LAGUNA v. MARIO'S EXPRESS SERVICE, INC.

63 A.D.3d 800 (2009)

880 N.Y.S.2d 511

DESIREE LAGUNA, Appellant, v. MARIO's EXPRESS SERVICE, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 9, 2009.

Ordered that the order dated November 21, 2007, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the motion is denied.

The evidence submitted by the defendants upon their motion for renewal and reargument was insufficient to justify a new determination. The defendants failed to establish that the additional disclosure was material and necessary to the defense of the action...

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