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BROWN v. CITIBANK, N.A.

5 A.D.3d 342 (2004)

772 N.Y.S.2d 528

LOUISE BROWN et al., Appellants, v. CITIBANK, N.A., Defendant, and MARGIE B. EDMONSON, Respondent.

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

March 1, 2004.

Ordered that the order is affirmed, without costs or disbursements.

Since the allegedly new and additional facts proffered by the plaintiffs in support of their motion for leave to renew were readily available at the time of their original motion, they did not constitute newly-discovered evidence within the meaning of CPLR 2221 (see Guerrero v Dublin Up Corp. of N.Y., 260 A.D.2d 435

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