MORRISON v. ROSENBERG


278 A.D.2d 392 (2000)

717 N.Y.S.2d 354

GLENN P. MORRISON et al., Respondents, v. HARVEY M. ROSENBERG et al., Appellants. (And a Third-Party Action.)

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

Decided December 18, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was for leave to renew is denied, and the order dated February 24, 1999, is reinstated.

The law is well settled that: "A motion for leave to renew must be based upon new or additional facts which, although in existence at the time of the original motion, were not made known to the party seeking renewal, and, therefore, were not known to...

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