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KASZAR v. CHO

6268 800008/15.

160 A.D.3d 501 (2018)

71 N.Y.S.3d 355

2018 NY Slip Op 02555

Carol Kaszar, Respondent, v. Samuel K. Cho, M.D., et al., Appellants, et al., Defendants.

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

Decided April 12, 2018.

Although it is true that a motion to renew should generally be based upon newly-discovered facts, this rule is not inflexible, and the court has discretion to grant renewal in the interest of justice even upon facts that were known to the movant at the time the original motion was made (Rancho Santa Fe Assn. v Dolan-King, 36 A.D.3d 460, 461 [1st Dept 2007]). Here, we decline to interfere with the court's discretionary decision to...

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