Opinion
March 18, 1993
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
The exculpatory clause in the voting trust agreement insulated defendant trustee from liability except for acts of bad faith or purposeful malfeasance (see, O'Hayer v. de St. Aubin, 30 A.D.2d 419, 423; Matter of Balfe, 245 App. Div. 22, 24) and none of the acts alleged herein rise to that level. Plaintiffs failed to demonstrate good cause to support their cause of action in seeking leave to replead (CPLR 3211 [e]), and leave to renew was properly denied since the facts were known to them when the original motion was made. Their failure to communicate those facts to their attorney is not a valid excuse (see, Matter of Beiny, 132 A.D.2d 190, 210, lv dismissed 71 N.Y.2d 994).
We have considered plaintiffs' other contentions and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Ross, Asch and Kassal, JJ.