Merchants Bank v. Israel Discount Bank

—Order, Supreme Court, New York County (Myriam J. Altman, J.), entered December 29, 1992, which granted plaintiff’s motion for renewal, and upon renewal adhered to the court’s original decision denying plaintiff’s motion for summary judgment and granting defendant’s cross-motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

While a motion for leave to renew generally should be based upon newly discovered facts, the court was within its discretion to grant renewal where the evidence bore on the substance of the court’s prior ruling, an excuse was given, and…