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COLE-HATCHARD v. GRAND UNION

270 A.D.2d 447 (2000)

705 N.Y.S.2d 605

MILDRED COLE-HATCHARD et al., Respondents, v. GRAND UNION, Appellant.

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

Decided March 27, 2000.

Ordered that the order is reversed, the motion is denied, the order dated April 1, 1998, is reinstated, and the complaint is dismissed.

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 known to the party seeking renewal, and, therefore, were not made known to the court (see, Matter of Shapiro v New York, 259 A.D.2d 753). Although...

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