Ordered that the order is affirmed, with costs.
Contrary to the defendant's contention, the propriety of the Supreme Court's denial of the motion, in effect, for leave to renew is properly before this Court on appeal (see CPLR 5515 [1]). "A motion for leave to renew must (1) be based upon new facts not offered on the prior motion that would change the prior determination and (2) set forth a reasonable justification for the failure to present such facts on the...
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