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O'CONNELL v. POST
Appellate Division of the Supreme Court of New York, Second Department.
Mar 21, 2006
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Ordered that the order is affirmed insofar as appealed from, with costs.
A motion for leave to renew must (1) be based upon new facts not offered on the prior motion that would change the prior determination and (2) set forth a reasonable justification for the failure to present such facts on the prior motion ( see CPLR 2221 [e]; Renna v. Gullo, 19 AD3d 472). The plaintiff's motion for leave to renew was properly denied since he failed to set forth a reasonable justification for his failure to present the alleged new facts on the prior motion ( see Daria v. Beacon Capital Co., 299 AD2d 312, 313).
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