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RICHARD WILLIAMS, appellant, v. PATRICK J. FITZSIMMONS, A/K/A JOSEPH P. FITZSIMMONS, respondent, ET AL., defendants. (Action No. 1) PATRICK J. FITZSIMMONS, respondent,

ORDERED that the order is reversed, on the law, with costs, and the motion for leave to renew is denied.

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] [eff. July 20, 1999]; see Malik v. Campbell, 289 A.D.2d 540; Good Samaritan Hosp. Med. Ctr. v. Ruscito, 287 A.D.2d 538; Matter of Goetschius v. Board of Educ. of Greenburgh Eleven Union Free School Dist., 281 A.D.2d 418, 418-419; Kwang Bok Yi v. Seong Ahn, 278 A.D.2d 372). Here, Patrick F. Fitzsimmons, the defendant in the foreclosure action and the plaintiff in the rescission action, failed to offer such justification. Accordingly, the Supreme Court erred in granting his renewal motion.

O'BRIEN, J.P., LUCIANO, TOWNES and CRANE, JJ., concur.

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WILLIAMS v. FITZSIMMONS
(Jun 3, 2002)