WEISSE v. KAMHI


129 A.D.2d 698 (1987)

Theodore H. Weisse, Respondent, v. Edouard Kamhi et al., Appellants, et al., Defendants

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

April 20, 1987


Ordered that the order is affirmed, with costs.

Because the plaintiff's motion was based, in part, upon evidence which had not been before the court at the time of the original motion, it was a motion to renew (see, Wile v Wile, 100 A.D.2d 932, 934). Although leave to renew should generally be denied where the movant fails to offer a reasonable excuse for the failure to submit the additional facts on the original motion...

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