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OSBORNE v. EVANS

Appellate Division of the Supreme Court of New York, Second Department.
Jan 29, 2008
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Ordered that the order is affirmed, with costs.

While the defendant presented new evidence in support of her motion for leave to renew, a motion for leave to renew should be denied unless the moving party offers a reasonable justification as to why the new facts were not submitted on the prior motion. Here, the Supreme Court properly denied the defendant's motion, as the justification offered by the defendant was not reasonable ( see CPLR 2221 [e] [2], [3]; Perez v Muller Much. Co., Inc., 19 AD3d 468, 469; Baker v Monarch Life Ins. Co., 12 AD3d 630).