DECISION ORDER
ORDERED that the order entered December 8, 1998, is modified by deleting the provision thereof vacating stated portions of the order dated June 5, 1998, and denying the defendant's cross motion for summary judgment dismissing the complaint, and substituting therefore a provision stating that, upon renewal, the original determination is adhered to; as so modified, the order entered December 8, 1998, is affirmed, with costs to the defendant.
The Supreme Court providently exercised its discretion in granting the plaintiff's motion for leave to renew (see, Motts v. Cohen, 264 A.D.2d 764 [2d Dept., Sep. 20, 1999]; Gadson v. New York City Housing Authority, 263 A.D.2d 464 [2d Dept., July 12, 1999]). However, upon renewal, the Supreme Court should have adhered to its original determination, since none of the purportedly new evidence raised a triable issue of fact sufficient to defeat the defendant's motion for summary judgment (see, CPLR 3212[b]; Gadson v. New York City Housing Authority, supra; cf., Motts v. Cohen, supra; Brower v. TRW Tit. Ins. of N.Y., 233 A.D.2d 473 ).