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MATTER OF NELSON v. ALLSTATE INSURANCE COMPANY

2009-03342.

73 A.D.3d 929 (2010)

901 N.Y.S.2d 329

In the Matter of JOLIETH NELSON, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided May 11, 2010.

Ordered that the order dated March 3, 2009, is affirmed, with costs.

A motion for leave to renew must be (1) based upon new facts not offered on the prior motion that would change the prior determination, and (2) set forth a reasonable justification for the failure to present such facts on the prior motion (see CPLR 2221 [e] [2], [3]; Novosiadlyi v James, 70 A.D.3d 793, 794 [2010]; Baldwin v Mateogarcia,

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