GIOVANNI v. MORAN

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court providently exercised its discretion in denying the defendant's cross motion for leave to renew because he failed to present "new facts" which were unavailable at the time of the original motion and which would change the prior determination (see CPLR 2221 [e]; Town House St., LLC v New Fellow-ship Full Gospel Baptist Church, Inc., 29 AD3d 894; Matter of Rush v County of Nassau, 24 AD3d 560, 561; Almonte v Western Beef, Inc., 21 AD3d 516, 516-517; Johnson v Marquez, 2 AD3d 786, 788-789).