In J.D. Structures, Inc. v. Waldbum, 282 AD2d 434 (2nd Dept. 2001) the court granted a renewal of a prior order when renewal was based on previously available evidence, known to the movant and never submitted. J.D. Structures, Inc., supra. The court had initially denied plaintiff's motion because plaintiff had failed to include evidence relative to the debt owed by plaintiff by the defendant. Id. The motion to renew was accompanied by the amount of the debt and an attorney's affirmation averring that the absence of said evidence on the previous motion was due to plaintiff's belief that the motion would be decided favorably without the same. Id. Thus, the court granted renewal despite plaintiff's failure to submit previously available and known evidence on grounds that an excuse had been proffered and because with the new evidence, plaintiff established entitlement to summary judgment. Id.