Innovative Chemical Corp. v. Howe Plastics & Chemical Companies, Inc.

Order unanimously affirmed with costs. Memorandum: *966Supreme Court properly denied defendant’s motion for leave to renew its prior consolidation motion and plaintiffs summary judgment motion. The renewal was based on evidence existing at the time of the prior motion, and defendant has failed to provide a valid excuse for not submitting the additional evidence in the original application (see, Monroe Dewey Partners v MDR Dev., 159 AD2d 949; Foley v Roche, 68 AD2d 558, 568). In addition, we find that Supreme Court properly granted plaintiffs motion for summary judgment. Plaintiff has submitted…