Hyperlawhypertext legal database Town of Niagara v. City of Niagara Falls 175 A.D.2d 571

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Town of Niagara v. City of Niagara Falls

175 A.D.2d 571 Court N.Y. App. Div. Decision date 1991-07-12 Docket Appeal No. 2 English

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p. 571
Town of Niagara, Appellant, v City of Niagara Falls et al., Respondents. (Action No. 1.) City of Niagara Falls, Respondent, v CECOS International, Inc., et al., Respondents, and Town of Niagara, Appellant. (Action No. 2.)
(Appeal No. 2.)

— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion characterized by plaintiff as seeking “leave to reargue

p. 572
and/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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