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MARY APICELLA, appellant, v. ESTATE OF JERRY V. APICELLA, ET AL., defendants, JOHN APICELLA, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

A motion for leave to renew must be supported by new or additional facts "not offered on the prior motion that would change the prior determination" and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221[e][2], [3]; see Rizzotto v. Allstate Ins. Co., 300 A.D.2d 562; Williams v. Fitzsimmons, 295 A.D.2d 342). The plaintiff failed to offer such justification. Accordingly, the Supreme Court properly denied the plaintiff's motion.

The plaintiff's remaining contentions are without merit.

FEUERSTEIN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.

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APICELLA v. ESTATE OF APICELLA
(May 27, 2003)