Conley v. Central Square School District

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Town of Constantia (Town) to renew its motion for summary judgment dismissing the complaint against it. The Town failed to establish that its submissions in support of its motion to renew could not have readily and with due diligence been made part of the original motion (see, Lindsay v Funtime, Inc. [appeal No. 2], 184 AD2d 1036). The testimony obtained in the depositions held after the denial of the Town’s original motion added nothing material to the issues the Town had raised in that…