United States Life Insurance v. John J. Burke Associates

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on June 26, 1989, which denied defendants’ motion, pursuant to CPLR 2221, 5015, 317 and 3213, for renewal of a motion to vacate a default on a motion for summary judgment on an instrument for the payment of money only, is unanimously affirmed, with costs.

Renewal was properly denied, since it was based on facts that were or should have been known to the defendants at the time of their original motion to vacate, and there was no explanation as to why those facts were not asserted on the first motion (Matter of Beiny, 132…