Kent v. Lincoln Metrocenter Parts [1st Dept 1999

Full title: WILLIAM KENT, Plaintiff-Appellant, v. LINCOLN METROCENTER PARTS, etc., et…

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

Date published: Oct 21, 1999

696 N.Y.S.2d 43 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Scott N. Singer for Plaintiff-Appellant.

Steven C. Mandell for Defendants-Respondents.

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN, ANDRIAS, JJ.

Order, Supreme Court, New York County (Edward Lehner, J.), entered September 1, 1998, which denied plaintiff's motion to renew his previously denied motion to vacate the dismissal of his complaint, unanimously affirmed, without costs.

Renewal was properly denied since plaintiff made no adequate showing that the newly asserted facts, including those contained in his affidavit, could not been offered at the time of the original motion (see, Neff v. Steven Schwartzapfel, P.C., 254 A.D.2d 137, 138). In any event, the newly submitted material, even if given substantive consideration, would not have required a result different from that reached by the court in passing upon the original motion.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.