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CARULLO v. PISTILLI CONSTRUCTION AND DEVELOPMENT CORP.

64 A.D.3d 624 (2009)

881 N.Y.S.2d 896

FRANK CARULLO, Appellant, v. PISTILLI CONSTRUCTION AND DEVELOPMENT CORP., Respondent.

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

Decided July 14, 2009.

Ordered that the order dated February 6, 2008 is affirmed, with costs.

A motion for leave to renew must be based upon new or additional facts "not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]), and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [3]; see O'Connell v Post, 27 A.D.3d 631 [2006]; see also O'Dell...

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