Monroe Dewey Partners v. MDR Development, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs motion for leave to renew its prior summary judgment motion. The renewal was based on evidence existing at the time of the prior motion, and plaintiff failed to provide a valid excuse for not submitting the additional evidence in the original application (see, Foley v Roche, 68 AD2d 558, 568). (Appeal from order of Supreme Court, Monroe County, Boehm, J. — renewal.) Present —Callahan, J. P., Doerr, Denman and Lawton, JJ.
2Cases cited1 opinion
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by3 opinions
- Conley v. Central Square School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Innovative Chemical Corp. v. Howe Plastics & Chemical Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Town of Niagara v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1991