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1009 SECOND AVENUE ASSOCIATES v. BENENSON CAPITAL COMPANY

272 A.D.2d 254 (2000)

710 N.Y.S.2d 241

1009 SECOND AVENUE ASSOCIATES et al., Respondents, v. BENENSON CAPITAL COMPANY et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided May 25, 2000.

Defendants' motion to renew was properly denied absent a reasonable excuse for their not having included the new evidence, mainly consisting of deposition testimony of their own representatives, in the original motion (CPLR 2221 [e] [3]). Moreover, as the IAS Court also held, the new evidence raises issues of credibility inappropriate for consideration on a motion for summary judgment. We have considered and rejected defendants' other...

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