WEITZENBERG v. NASSAU COUNTY DEPT. OF RECREATION & PARKS

2007-05380.

2008 NY Slip Op 06446

IRA WEITZENBERG, ET AL., plaintiffs, ROBERTA MILLER, appellant, v. NASSAU COUNTY DEPARTMENT OF RECREATION AND PARKS, ET AL., respondents.

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

Decided July 29, 2008.


Attorney(s) appearing for the Case

Louis D. Stober, Jr., LLC, Garden City, N.Y., for appellant.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Dennis J. Saffran of counsel), for respondents.

Before: A. GAIL PRUDENTI, P.J., HOWARD MILLER, EDWARD D. CARNI, CHERYL E. CHAMBERS, JJ.


DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the third motion of the plaintiff Roberta Miller for leave to renew a prior motion for class certification. "A motion for leave to renew must be supported by new facts not offered on the prior motion that would change the prior determination, and the motion shall also contain a reasonable justification for the failure to present such facts on the prior...

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