HLENSKI v. CITY OF NEW YORK


51 A.D.3d 974 (2008)

858 N.Y.S.2d 789

LILLIAN HLENSKI, Respondent, v. CITY OF NEW YORK, Defendant, and SAVA NICOLAOU et al., Appellants.

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

Decided May 27, 2008.


Ordered that the order entered December 29, 2006 is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion is denied, and the order dated August 25, 2006 and the judgment entered October 26, 2006 are reinstated.

"A motion for leave to renew must (1) be based upon new facts not offered on a prior motion that would change the prior determination, and (2) set forth a reasonable justification for the failure to present such facts...

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