Court Denies Motion for Reargument; Finds No Misapprehension of Facts or Newly Discovered Evidence

The plaintiff, Janet Stimson, filed a Motion for Reargument on behalf of her husband, Gary Stimson, following the court’s decision granting summary judgment on behalf of the defendant, J-MM, on the issue of product identification.

The plaintiff alleged that

  1. The court misapprehended the facts relevant to the decedent’s identification of J-MM’s A/C pipe
  2. The deposition testimony of a J-MM employee from an unrelated 2014 case constitutes newly discovered evidence that creates a genuine issue of material fact regarding product identification

The court was also provided …

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