CANANDAIGUA NATIONAL BANK AND TRUST COMPANY v. LYNCH


265 A.D.2d 933 (1999)

695 N.Y.S.2d 801

CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, Respondent, v. DOUGLAS J. LYNCH et al., Appellants. (Appeal No. 1.)

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

Decided October 1, 1999.


Amended judgment unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court (Henry, Jr., J.). We reject defendants' argument that the award of counsel fees was excessive. The court properly denied defendants' motion to renew because defendants failed to establish that the additional factual material was unavailable at the time of the original motion and cross motion and to provide a valid excuse for failing...

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