BALDWIN v. MATEOGARCIA

2009-05648.

66 A.D.3d 806 (2009)

886 N.Y.S.2d 618

2009 NY Slip Op 7568

JESSE BALDWIN, Appellant, v. CRISTINO MATEOGARCIA et al., Respondents, et al., Defendant. (And a Related Action.)

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

Decided October 20, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the respondents' motion for leave to renew is denied.

A motion for leave to renew must be "based upon new facts not offered on the prior motion that would change the prior determination," and the movant must state a "reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e]; see Yarde v New...

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