Ordered that the appeal from the order dated May 25, 1989, is dismissed, as that order was superseded by the order dated August 16, 1989, made upon renewal; and it is further,
Ordered that the order dated August 16, 1989, is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in granting renewal and thereby adding to the record an affidavit of merit (see, CPLR 5501 [a] [1]). Although the defendant should have explained its failure to include a physician's affidavit of merit as part of its original motion to vacate its default, the court nevertheless retained the "discretionary power * * * to grant renewal even if the facts were known, but were not presented to the court at the time the original motion was heard" (2A Weinstein-Korn-Miller, N Y Civ Prac ¶ 2221.03, at 22-132, 22-133; Sciascia v Nevins, 130 A.D.2d 649; Weisse v Kamhi, 129 A.D.2d 698). Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.