Opinion
April 22, 1999
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
The motion court properly denied defendant's motion for renewal where defendant relied on new facts without offering an excuse for his failure to offer them on the original motion ( see, Neff v. Steven Schwartzapfel, P. C., 254 A.D.2d 137). We find no reason to disturb the awards, which were made by the court, after a hearing, in its sound discretion ( see, Aron v. Aron, 216 A.D.2d 98), on its evaluation of witness credibility and demeanor ( see, Leinwand v. Leinwand, 203 A.D.2d 210). Defendant failed to show good cause for an order making the downward modification granted retroactive to a date earlier than his cross motion for that relief ( see, Jancu v. Jancu, 224 A.D.2d 229). Defendant's argument that the motion court's direction in its original, unappealed order, directing his payment of interim counsel fees, was in error, is not properly before this Court. We have considered defendant's remaining arguments and find them to be unavailing.
Concur — Nardelli, J. P., Williams, Tom, Rubin and Friedman, JJ.