Opinion
2002-01042
December 3, 2002.
December 23, 2002.
In an action to recover damages for fraud and breach of a promissory note, the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated December 19, 2001, which denied his motion for leave to renew a prior motion, inter alia, for summary judgment dismissing the first cause of action asserted in the complaint.
Richard S. Finkel, Westbury, N.Y., for appellant.
Pelle Pelle, Massapequa, N.Y. (David D. Pelle of counsel), for respondents.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendant's contention, the Supreme Court properly denied his motion for leave to renew, as it was not based upon newly-discovered evidence and there was no adequate explanation for the defendant's failure to submit the purportedly new evidence at the time of the prior motion (see CPLR 2221[e]; Scott v. Avis Rent A Car, Inc., 289 A.D.2d 471; see also Matrix Fin. Servs. Corp. v. McKiernan, 295 A.D.2d 579).
SMITH, J.P., O'BRIEN, KRAUSMAN and RIVERA, JJ., concur.