Legal Opinion

Himed v. Grady

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1994Published

1Opinion of the Court

—Order, Supreme Court, New York County (Edward Lehner, J.), entered October 21, 1993, which denied defendant’s motion to renew the April 30, 1993 denial of her prior motion for leave to amend, unanimously affirmed, without costs.

We agree with the IAS Court that renewal was not warranted since defendant failed to offer an adequate excuse for failing to submit the additional evidence submitted upon renewal at the time of the initial motion (300 W. Realty Co. v City of New York, 99 AD2d 708).

Upon the record here, we reject defendant’s claim that a discretionary grant of renewal would have been…

2Cases cited3 opinions

  1. Pinto v. PintoAppellate Division of the Supreme Court of the State of New York · 1986
  2. 300 West Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  3. De Almeida v. FinesodAppellate Division of the Supreme Court of the State of New York · 1990

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