Ordered that the orders are reversed, on the law, with costs, that branch of the motion of the defendant Newport Media Acquisition II, Inc., which was, in effect, for leave to renew that branch of its prior motion which was for summary judgment dismissing the complaint insofar as asserted against it is denied, and the order dated September 25, 2003 is reinstated.
A motion for leave to renew must be based upon new facts not offered on the prior motion that would change...
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