CANANDAIGUA NATIONAL BANK AND TRUST COMPANY v. LYNCH (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, Plaintiff-Respondent, v. Douglas J. LYNCH and Cheryl M. Lynch, Defendants-Appellants. (Appeal No. 1.)

Decided: October 01, 1999

PRESENT: LAWTON, J.P., HAYES, PIGOTT, JR., HURLBUTT and SCUDDER, JJ.

Robert D. Hooks, Rochester, for Defendants-Appellants. Mary Jo S. Korona, for Plaintiff-Respondent.

We affirm for reasons stated in the decision at Supreme Court (Henry, Jr., J.). We reject defendants' argument that the award of counsel fees was excessive. The court properly denied defendants' motion to renew because defendants failed to establish that the additional factual material was unavailable at the time of the original motion and cross motion and to provide a valid excuse for failing to submit the material in opposition to the original motion or in support of their cross motion (see, Welch Foods v. Wilson, 247 A.D.2d 830, 830-831, 669 N.Y.S.2d 109; Matter of Hurley v. Avon Cent. School Dist., 187 A.D.2d 983, 591 N.Y.S.2d 820).

Amended judgment unanimously affirmed without costs.

MEMORANDUM:

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