Appellate Division of the Supreme Court of New York, 1991

Town of Niagara v. City of Niagara Falls

Town of Niagara v. City of Niagara Falls
Appellate Division of the Supreme Court of New York · Decided July 12, 1991
175 A.D.2d 571
Town of Niagara v. City of Niagara Falls

Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion characterized by plaintiff as seeking “leave to reargue *572and/or renew”. We conclude that plaintiff’s motion is one to renew, and not one to reargue, because it was made on the ground of additional material facts not previously considered. The renewal of a motion should be denied where, as here, the movant "failed to provide a valid excuse for not submitting the additional evidence in the original application” (Monroe Dewey Partners v MDR Dev., 159 AD2d 949; see also, Foley v Roche, 68 AD2d 558, 568). (Appeal from Order of Supreme Court, Niagara County, Mintz, J. — Renewal.) Present — Dillon, P. J., Doerr, Lawton, Lowery and Davis, JJ.

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