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MARINO v. BROWN

225 A.D.2d 529 (1996)

638 N.Y.S.2d 751

Angelo Marino et al., Appellants, v. Dean Brown et al., Respondents

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

March 4, 1996

Ordered that the order is affirmed, with costs.

Generally, "[a]n application for leave to renew must be based upon additional material facts which existed at the time the prior motion was made, but were not then known to the party seeking leave to renew, and, therefore, not made known to the court" (Foley v Roche, 68 A.D.2d 558, 568). While "a court, in its discretion, may grant renewal upon facts known to the moving party...

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