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MICHAEL SAMET, as Executor of the Estate of ANDREW SAMET, Deceased, Appellant, v. ISAAC I. BINSON, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the plaintiffs motion which was for leave to renew his prior motion to reject a referee's report because the plaintiff failed to provide a reasonable justification for his failure to present the new facts on his original motion ( see CPLR 2221 [e] [3]; Elder v Elder, 21 AD3d 1055; Morrison v Rosenberg, 278 AD2d 392).

In light of our determination, we need not reach the parties' remaining contentions.

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SAMET v. BINSON
(Nov 24, 2009)