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Natale v. Jeffrey Samel Associates

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1999
264 A.D.2d 384 (N.Y. App. Div. 1999)

Opinion

August 2, 1999.

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the orders are affirmed, with costs.

We agree with the Supreme Court that the plaintiffs' purported service on the defendants Jeffrey Samel Associates, Jeffrey Samel, James O'Hare, Robert Glick, Johanna Loonie, Armienti Samel, David Samel, Valerie E. Pitt, Dina Buccigrassi, and Millie "Brown" was ineffective ( see, CPLR 308, [2]; Dorfman v. Leidner, 76 N.Y.2d 956; Morgan v. Central Gen. Hosp., 179 A.D.2d 740). In addition, the Supreme Court properly denied the plaintiffs' motion for renewal. A motion to renew is intended to draw the court's attention to new or additional facts which, although in existence at the time of the original motion, were unknown to the party seeking renewal and therefore not brought to the court's attention ( see, Pahl Equip. Corp. v. Kassis, 182 A.D.2d 22). Here, the additional facts presented by the plaintiffs upon renewal should have been known to them at the time of the original motion, and they did not offer a valid explanation for failing to present these facts at the time of the original motion ( see, Danker v. Szurzan Dorf, 226 A.D.2d 669).

O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.


Summaries of

Natale v. Jeffrey Samel Associates

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1999
264 A.D.2d 384 (N.Y. App. Div. 1999)
Case details for

Natale v. Jeffrey Samel Associates

Case Details

Full title:LEONORA NATALE et al., Appellants, v. JEFFREY SAMEL ASSOCIATES et al.…

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

Date published: Aug 2, 1999

Citations

264 A.D.2d 384 (N.Y. App. Div. 1999)
693 N.Y.S.2d 631

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