DECISION ORDER
ORDERED that the order is affirmed, with costs.
The requirement that a motion for leave to renew be based upon newly-discovered facts is a flexible one, and a court, in its discretion, may grant renewal upon facts known to the moving party at the time of the original motion ( see, Daniel Perla Assocs. v. Ginsberg, 256 A.D.2d 303 [2d Dept., Dec. 7, 1998]). Under the circumstances of this case, the grant of renewal was a proper exercise of the Supreme Court's discretion.
The affidavits submitted by the plaintiffs upon renewal were sufficient to create triable issues of fact. Therefore, the defendant's motion for summary judgment dismissing the complaint was properly denied ( see, CPLR 3212[b]).