Ordered that the order dated February 24, 2010, is affirmed, with costs.
The Supreme Court properly denied that branch of the plaintiff's motion which was for leave to renew his opposition to that branch of the defendants' cross motion which was to dismiss the complaint insofar as asserted against the defendant Sam Rychick. "A motion for leave to renew must be `based upon new facts not offered on the prior motion that would change the prior determination'" (Jackson...
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