Ordered that the order is affirmed, with costs.
The Supreme Court properly treated the motion of the plaintiff Ramon DeLeon (hereinafter the plaintiff) as one for leave to reargue rather than as one for leave to renew. The new affirmed report submitted by the plaintiff's physician did not offer new facts which were unavailable at the time of the original motion. Rather, it demonstrated that the Supreme Court had overlooked or misapprehended certain facts contained...
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