Hugelmaier v. Town of Sweden

Callahan and O’Donnell, JJ. (dissenting).

Special Term properly exercised its discretion in granting the motion to renew pursuant to CPLR 2221 to include additional evidence (an expert’s affidavit). The statute permits a motion to renew for the purpose of supplying defects in proof or offering new or additional evidence (see Siegel, NY Prac, § 254, p 314). The application is not limited to the time within which an appeal may be taken (Prude v County of Erie, 47 AD2d 111, 114), as the court continues to possess inherent discretionary power to reconsider its own order in the interest of…