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TIFFANY I. ROBINSON, AS ADMINISTRATRIX OF THE ESTATE OF EDDIE J. ROBINSON, DECEASED, PLAINTIFF-RESPONDENT, v. CONSOLIDATED RAIL CORPORATION, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and plaintiff's motion is denied.

Memorandum: Supreme Court erred in granting plaintiff's motion seeking leave to renew with respect to defendant's motion for summary judgment dismissing the complaint and, upon renewal, denying defendant's motion. Although a court has discretion to "grant renewal, in the interest of justice, upon facts which were known to the movant at the time the original motion was made" ( Tishman Constr. Corp. of N.Y. v. City of New York, 280 A.D.2d 374, 376), it may not exercise that discretion unless the movant establishes a "reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [3]; see Greene v. New York City Hous. Auth., 283 A.D.2d 458, 459). Here, plaintiff failed to provide a reasonable justification for her failure to produce the additional proof on the prior motion ( see Giardina v. Parkview Court Homeowners' Assn., 284 A.D.2d 953, lv dismissed 97 N.Y.2d 700; see also Greene, 283 A.D.2d at 459).

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ROBINSON v. CONSOL. RAIL CORP
(Jun 14, 2004)