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MacKENZIE v. MICHELSEN

209 A.D.2d 361 (1994)

619 N.Y.S.2d 556

Michael MacKenzie, Respondent, v. Christopher B. Michelsen, Defendant, and Presbyterian Hospital in the City of New York, Appellant

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

November 29, 1994

The IAS Court properly determined that renewal was not warranted since, as the hospital admits, the new evidence submitted in support of the motion was neither undiscovered nor unavailable at the time of the original motion and the hospital tendered no excuse for not offering the evidence initially (see, 300 W. Realty Co. v City of New York, 99 A.D.2d 708, 709).

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