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UNITED STATES LIFE INS. CO. IN THE CITY OF NEW YORK v. JOHN J. BURKE ASSOCS.

162 A.D.2d 112 (1990)

United States Life Insurance Company in the City of New York, Respondent, v. John J. Burke Associates et al., Appellants

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

June 5, 1990

Renewal was properly denied, since it was based on facts that were or should have been known to the defendants at the time of their original motion to vacate, and there was no explanation as to why those facts were not asserted on the first motion (Matter of Beiny, 132 A.D.2d 190, 209-210, lv dismissed 71 N.Y.2d 994). It was not an abuse of discretion for the IAS court to decline to excuse deficiency.

Similarly, it...

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