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ALLSTATE INSURANCE COMPANY v. DAVIS

23 A.D.3d 418 (2005)

803 N.Y.S.2d 923

ALLSTATE INSURANCE COMPANY, Respondent, v. JAMES P. DAVIS, Appellant, et al., Defendants.

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

November 14, 2005.

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

"[A] motion for leave to renew must be supported by new or additional facts which, although in existence at the time of a prior motion, were not known to the party seeking renewal, and, consequently, not made known to the court" (Matter of Brooklyn Welding Corp. v Chin, 236 A.D.2d 392 [1997]). However, this rule is flexible, and a court has discretion to...

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