Grill and Schieber Successfully Oppose a Renewal Application

July 22, 2016 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction

Grill and Schieber defeated a Bank’s attempt to renew an order of the Supreme Court.  In a prior order, the Supreme Court granted our client summary judgment and canceled and discharged a mortgage of record on the client’s property.  The Bank argued that new facts existed, that had the Court considered, would have changed the outcome of the case.  The Court denied the motion due to the Bank’s own lack of diligence in presenting the new evidence.  The court held that since the new evidence was a document in the Bank’s possession at the time the original motion was made, no reasonable justification exists for failing to submit it in the first instance.

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