Tri-Land Properties v. 115 West 28th Street

Full title: TRI-LAND PROPERTIES, INC., Respondent, v. 115 WEST 28TH STREET CORP. et…

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

Date published: Feb 5, 1998

247 A.D.2d 233 (N.Y. App. Div. 1998)

668 N.Y.S.2d 353

Opinion

Decided February 5, 1998

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).

We agree with the motion court that the motion was not based on any material facts of which defendants were unaware at the time the prior motion was made, and that no excuse for having omitted these facts is offered to support renewal (see, Foley v. Roche, 68 A.D.2d 558, 568; Matter of Banow v. Simins, 53 A.D.2d 542, mot to dismiss appeal granted 40 N.Y.2d 989, cert denied sub nom. Liebowitz v. Simins, 430 U.S. 968).

Concur — Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.