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MATTER OF KOPICEL v. SCHNAIER

652507/15, 2538A, 2538.

145 A.D.3d 599 (2016)

2016 NY Slip Op 08608

42 N.Y.S.3d 789

In the Matter of CHAIM KOPICEL, Appellant, v. JOSEPH SCHNAIER, Respondent, and MARK ARZOOMANIAN et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2016.

Renewal should have been denied where, as here, respondents offered no reasonable justification for failing to proffer the "newly discovered" evidence on the original order to show cause, when that evidence had been in their possession for years (see Queens Unit Venture, LLC v Tyson Ct. Owners Corp., 111 A.D.3d 552, 552-553 [1st Dept 2013]). It was further an abuse of discretion to allow renewal where respondents used it as an opportunity...

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