Matter of Creole Enterprises v. Giuliani

Full title: In the Matter of CREOLE ENTERPRISES, INC., Appellant, v. RUDOLPH GIULIANI…

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

Date published: Jun 17, 1997

240 A.D.2d 279 (N.Y. App. Div. 1997)

659 N.Y.S.2d 742

Opinion

June 17, 1997

Appeal from the Supreme Court, New York County (Louis York, J.).

Renewal is unwarranted for failure to show a valid excuse for not having submitted the new material on the original motion ( Foley v. Roche, 68 A.D.2d 558, 568). In any event, we would find that the new material would not have warranted a departure from the court's initial determination. We have considered petitioner's remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Ellerin, Nardelli, Williams and Mazzarelli, JJ.