Margino v. Avasso

—In an action for summary judgment in lieu of complaint pursuant to CPLR 3213 to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated March 20, 1997, which granted the defendant’s motion for renewal, and upon renewal, denied the plaintiff’s motion for summary judgment in lieu of complaint, and dismissed the action pursuant to CPLR 3211 (a) (5).

Ordered that the order is affirmed, with costs.

Although a motion for leave to renew is generally based upon the discovery of material facts that were unknown to the movant at the time…