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KOREA FIRST BANK NEW YORK AGENCY v. WORLD BRIDGE, INC.

269 A.D.2d 233 (2000)

702 N.Y.S.2d 815

KOREA FIRST BANK NEW YORK AGENCY, Appellant, v. WORLD BRIDGE, INC., et al., Defendants, and MYUNG SUNG LEE, Respondent.

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

Decided February 15, 2000.

Plaintiff's motion, although nominally seeking renewal, did not rely on material facts unknown or unavailable to plaintiff at the time of the original motion (see, Foley v Roche, 68 A.D.2d 558, 568). Indeed, the purportedly new matter, i.e., certain checks, was always available and could have been included on the original motion had plaintiff made sufficient effort to do so. The instant motion, then, was properly deemed one for reargument...

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