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Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2002
299 A.D.2d 518 (N.Y. App. Div. 2002)

Opinion

2001-08545

Argued October 25, 2002.

November 25, 2002.

In an action to foreclose a mortgage, the defendants Morway Builders and Developers, Inc., and Desmond D'Souza appeal from an order of the Supreme Court, Nassau County (O'Connell, J.), dated August 27, 2001, which denied their motion for leave to renew a prior motion to vacate a judgment entered against them upon their default in answering.

Andrew Morganstern, Mineola, N.Y., for appellants.

Blodnick Gordon, Fletcher Sibell, P.C., Westbury, N.Y. (Paul A. Lanni of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellants' motion for leave to renew, as they offered no reasonable explanation as to why the alleged "new" evidence was not submitted with the prior motion (see CPLR 2221[e]; Tri-State Consumer Ins. Co. v. Singh, 297 A.D.2d 349; Feldstein v. Rounick, 295 A.D.2d 400).

SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and SCHMIDT, JJ., concur.


Summaries of

Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 2002
299 A.D.2d 518 (N.Y. App. Div. 2002)
Case details for

Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.

Case Details

Full title:EXETER HOLDING, LTD., respondent, v. MORWAY BUILDERS AND DEVELOPERS, INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 25, 2002

Citations

299 A.D.2d 518 (N.Y. App. Div. 2002)
750 N.Y.S.2d 503