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HART v. CITY OF NEW YORK

5 A.D.3d 438 (2004)

772 N.Y.S.2d 574

ADRIENNE HART, Appellant, v. CITY OF NEW YORK, Defendant, and BIG APPLE TESTING, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 2004.

Ordered that the order dated October 23, 2002, is affirmed insofar as appealed from, with one bill of costs.

CPLR 2221 provides, among other things, that a motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination" (CPLR 2221 [e] [2]), and "shall contain reasonable justification for the failure...

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