Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the cross motion of the defendant New York City Health and Hospitals Corporation (Woodhull Medical and Mental Health Center) which was for leave to renew, as it was not based upon new facts which would have changed the prior determination ( see CPLR 2221 [e] [2]; Kaufman v. Kunis, 14 AD3d 542; cf. Schwartz v. Montefiore Hosp. Med. Ctr., 305 AD2d 174, 176).