Opinion
June 4, 1998
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently. exercise its discretion in granting renewal. The plaintiffs offered an affidavit of merit and an acceptable excuse for failing to previously submit proof of certain facts. Additionally, the equities of this matter, as well as the interests of justice, were properly served by permitting renewal ( see, Petito v. Verrazano Contr. Co., 246 A.D.2d 636; Karlin v. Bridges, 172 A.D.2d 644). The appellant's remaining contentions are without merit.
O'Brien, J.P., Pizzuto, Joy and Florio, J.J., concur.