Leonard Fuchs, Inc. v. Laser Processing Corp.
Decision Date | 14 December 1995 |
Citation | 222 A.D.2d 280,635 N.Y.S.2d 224 |
Parties | LEONARD FUCHS, INC., Plaintiff-Respondent, v. LASER PROCESSING CORP., et al., Defendants-Appellants. |
Court | New York Supreme Court — Appellate Division |
S.I. Wohlberg, for plaintiff-respondent.
M.S. Goodman, for defendants-appellants.
Before MURPHY, P.J., and ROSENBERGER, WALLACH, ASCH and TOM, JJ.
Order of the Appellate Term of the Supreme Court, First Department, entered July 13, 1994, which affirmed an order of the Civil Court, New York County (Jay Stuart Dankberg, J.), entered February 9, 1993, which, insofar as appealable, denied defendants' motion to renew a prior order of that court and Judge granting plaintiff summary judgment, unanimously affirmed, without costs.
A motion to renew should not be granted based upon evidence known to the moving party at the time of the original motion unless the moving party offers a reasonable excuse for not having submitted such evidence on the original motion (Halliday v. Halliday, 218 A.D.2d 729, 630 N.Y.S.2d 767; Segall v. Heyer, 161 A.D.2d 471, 555 N.Y.S.2d 738). We agree with the Appellate Term that no such excuse was offered here.
To continue reading
Request your trial-
Lombard & Co., Inc. v. De La Roche
...to proffer any excuse for not having submitted the new evidence on the original motion (see, e.g. Leonard Fuchs, Inc. v. Laser Processing Corp., 222 A.D.2d 280, 635 N.Y.S.2d 224). MURPHY, P.J., and MILONAS, ROSENBERGER, ELLERIN, and WILLIAMS, JJ., ...
-
Dejesus v. 888 Seventh Ave., LLC
...offers a reasonable excuse for not having submitted such evidence in the original motion" (Leonard Fuchs, Inc. v Laser Processing Corporation, 222 AD2d 280, 280, 635 N.Y.S.2d 224 [ 1st Dept 1995]). "[R]enewal 'is not a second chance freely given to parties who have not exercised due diligen......
-
Kim v. City of New York
...in the absence of a reasonable excuse for not having submitted the report on the first motion (see, Leonard Fuchs, Inc. v. Laser Processing Corp., 222 A.D.2d 280, 635 N.Y.S.2d 224). In any event, we would affirm the denial of leave to serve a late notice of claim even if we were to consider......
-
Branham v. R.V. Ambulette, Inc.
...N.Y.S.2d 560 [1st Dept.], lv. dismissed89 N.Y.2d 916, 653 N.Y.S.2d 919, 676 N.E.2d 501 [1996]; Leonard Fuchs, Inc. v. Laser Processing Corp., 222 A.D.2d 280, 280, 635 N.Y.S.2d 224 [1st Dept.1995] ). Plaintiff failed to offer any reasonable excuse for his failure to have the affidavit of a n......