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HT STEEL ERECTORS, INC. v. ALBICOCCO

272 A.D.2d 578 (2000)

709 N.Y.S.2d 828

HT STEEL ERECTORS, INC., Respondent, v. JOHN A. ALBICOCCO et al., Appellants.

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

Decided May 30, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The court providently exercised its discretion in denying that branch of the defendants' motion which was for leave to renew. The additional evidence submitted by the defendants in support of their motion was readily available at the time they originally moved for summary judgment, and they did not offer a reasonable explanation for failing to present the evidence at

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