HUGELMAIER v. TOWN OF SWEDEN


101 A.D.2d 996 (1984)

Gary M. Hugelmaier, Respondent, v. Town of Sweden, Appellant, et al., Defendants. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1984


Order reversed, without costs, and motion denied.

Memorandum:

Special Term abused its discretion in granting plaintiff's motion to renew argument on defendant's previous motion for summary judgment, decided in plaintiff's favor, so as to allow plaintiff to include additional evidence in the record on appeal of the previous motion. A motion for renewal "should be denied where no valid excuse is offered for not submitting the additional facts upon the original...

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