FORTEAU v. WESTCHESTER COUNTY

Defendants' motion for renewal was properly denied because the new material they submit was available to them at the time of the original motion ( 213 A.D.2d 257, adhering to 196 A.D.2d 440, upon renewal), and they fail to offer a valid excuse for not having submitted this material at that time.

Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.