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GONZALEZ v. MARINE MIDLAND BANK, INC.

259 A.D.2d 999 (1999)

689 N.Y.S.2d 881

JOSEPH GONZALEZ et al., Respondents, v. MARINE MIDLAND BANK, INC., Doing Business as MARINE MIDLAND BANK, N. A., et al., Appellants. JOHN W. DANFORTH COMPANY, Third-Party Plaintiff, v. ENGELHAUPT CO., INC., Third-Party Defendant-Appellant. MARINE MIDLAND BANK, INC., Doing Business as MARINE MIDLAND BANK, N. A., Third-Party Plaintiff, v. ENGELHAUPT CO., INC., Third-Party Defendant-Appellant.

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

Decided March 31, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting plaintiffs' motion to renew although plaintiffs offered no explanation for their failure to submit certain documents at the time of the original motions and cross motion (see, Lesanti v Harmac Indus., 175 A.D.2d 664). Upon renewal, the court properly concluded that...

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