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WHYNN v. CRAPOTTA

2015-03025, Index No. 21403/04.

143 A.D.3d 812 (2016)

2016 NY Slip Op 06702

38 N.Y.S.3d 812

NAHUM WHYNN et al., Appellants, v. JOSEPH A. CRAPOTTA, Respondent, et al., Defendants.

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

Decided October 12, 2016.

Ordered that the order entered December 16, 2014, is affirmed, with costs.

A motion for leave to renew "shall be based upon new 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 Rivera v Queens Ballpark Co., LLC, 134 A.D.3d 796, 797 [2015]). Here...

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