The IAS Court improvidently exercised its discretion in granting renewal since sufficient grounds were not offered. The agreement specifying that plaintiff's counsel had not been retained until October 1995 obviously was not newly discovered evidence. Moreover, counsel, in his affirmation in support of "reargument," did not explain why this fact was not advanced during prior motion practice (cf., Ralat v New York City Hous. Auth.,
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O'BRIEN v. LONDON WOODS DEVELOPMENT CORP.
280 A.D.2d 423 (2001)
721 N.Y.S.2d 231
JOHN O'BRIEN, Respondent, v. LONDON WOODS DEVELOPMENT CORP., Defendant and Third-Party Plaintiff-Respondent. ROYAL INSURANCE COMPANY OF AMERICA, Third-Party Defendant-Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 27, 2001.
Decided February 27, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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