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MOTTS v. COHEN

264 A.D.2d 764 (1999)

695 N.Y.S.2d 384

JEANNE A. MOTTS, Respondent, v. ARNOLD D. COHEN, Appellant.

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

Decided September 20, 1999.

Ordered that the order is affirmed, without costs or disbursements.

The requirement that a motion for renewal be based upon newly-discovered facts is a flexible one, and a court, in its discretion, may grant renewal upon facts known to the moving party at the time of the original motion (see, Oremland v Miller Minutemen Constr. Corp., 133 A.D.2d 816). Under the circumstances of this case, the court did not improvidently exercise...

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