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HIMED v. GRADY

210 A.D.2d 30 (1994)

619 N.Y.S.2d 558

Abdo L. Himed, Respondent, v. Patricia Grady, Appellant

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

December 1, 1994

We agree with the IAS Court that renewal was not warranted since defendant failed to offer an adequate excuse for failing to submit the additional evidence submitted upon renewal at the time of the initial motion (300 W. Realty Co. v City of New York, 99 A.D.2d 708).

Upon the record here, we reject defendant's claim that a discretionary grant of renewal would have been appropriate in this case (De Almeida v Finesod

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