Herrera v. Matlin
2004 N.Y. App. Div. LEXIS 1225
| N.Y. App. Div. | 2004|
Check TreatmentDefendants 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 AD2d 198 [2003]). Concur—Tom, J.E, Andrias, Sullivan and Lerner, JJ.
