ZEBULUN v. OURY BAH


34 A.D.3d 378 (2006)

823 N.Y.S.2d 897

DAMTE ZEBULUN, Appellant, v. MAMADOU OURY BAH et al., Respondents.

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

Decided November 30, 2006.


Plaintiff's latest motion was not based upon new facts (CPLR 2221 [e] [2])—the physician's affirmation he submitted was dated December 9, 2003—and plaintiff did not explain his failure to present such facts on the prior motion (CPLR 2221 [e] [3]). Hence, leave to renew was properly denied (see e.g. Wal-Mart Stores, Inc. v United States Fid. & Guar. Co., 11 A.D.3d 300, 301 [2004]; Chelsea Piers Mgt. v Forest Elec...

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