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Home / Opinion Digests / Civil Practice / Civil Practice – Appeals – Dismissal – Motion to Reconsider – ‘New’ Evidence (access required)

Civil Practice – Appeals – Dismissal – Motion to Reconsider – ‘New’ Evidence (access required)

Charnoff v. Calder At the hearing on defendants’ motion to dismiss plaintiff’s appeal, plaintiff presented evidence that her failure to timely settle the record on appeal was due to her extensive hospitalizations. At the hearing on plaintiff’s motion for reconsideration of the dismissal of her appeal, plaintiff merely presented more detailed evidence of her hospitalizations. This was not new evidence.

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