Opinion
May 30, 1995
Appeal from the Supreme Court, Kings County (Krausman, J., Feinberg, J.).
Ordered that the judgment and order are affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The plaintiff established his entitlement to summary judgment by proof of the agreement and the defendant's failure to make payment in accordance with its terms (see, North Fork Bank Trust Co. v Guthartz, 201 A.D.2d 712). The Supreme Court properly concluded that the defendant failed to raise any triable issues of fact regarding his defenses, including the defense of lack of consideration.
The denial of the defendant's motion for leave to renew was proper. The additional evidence submitted was not newly discovered (see, Pahl Equip. Corp. v Kassis, 182 A.D.2d 22, 27) and, in any event, was irrelevant. Sullivan, J.P., Miller, Santucci and Altman, JJ., concur.