[Download] "Ronald F. Rodney Et Al. v. New York Pyrotechnic Products Co." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ronald F. Rodney Et Al. v. New York Pyrotechnic Products Co.
- Author : Supreme Court of New York
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
[112 A.D.2d 410 Page 411] Motions for reargument are addressed to the sound discretion of the Judge who decided the prior motion and may be granted upon a showing that the court overlooked or misapprehended the facts or law or for some reason mistakenly arrived at its earlier decision (Delcrete Corp. v Kling, 67 A.D.2d 1099). Under the circumstances, Special Term did not abuse its discretion in granting plaintiffs' motion for leave to reargue. In view of the meritorious nature of their claim, the clear absence of an intent to abandon the action, the lack of substantial prejudice to appellant as a result of the delay and the strong public policy in favor of resolving cases on the merits, Special Term acted properly in vacating its earlier determination to dismiss the action (see, Wilenski v Auricchio Monuments, 102 A.D.2d 824, 825).
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