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ROBERT JACOBS, Appellant, v. DAVID SABO, Respondent, et al., Defendants.

Ordered that the order is affirmed, with costs.

A motion for leave to renew must be supported by new or additional facts which, although in existence at the time of the prior motion, were not known to the party seeking renewal, and, consequently, were not made known to the court ( see Palmer v. Toledo, 266 AD2d 268). Here, the plaintiff failed to offer any new facts or a valid explanation as to why the medical report, submitted on the motion to renew, was not made available earlier ( see Greene v. New York City Hous. Auth., 283 AD2d 458; Riccio v. Deperalta, 274 AD2d 384). Accordingly, the court properly denied the plaintiff's motion for leave to renew.

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JACOBS v. SABO
(Apr 4, 2005)