Opinion
Submitted November 29, 2000.
December 19, 2000.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated January 5, 2000, which, in effect, granted the plaintiff's motion for leave to renew and, upon renewal, granted his prior motion to restore the action to the trial calendar, which was denied by order dated June 25, 1999.
Rivkin, Radler Kremer, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Stuart M. Bodoff of counsel), for appellants.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is reversed, as a matter of discretion, with costs, and the motion for leave to renew is denied.
The Supreme Court improvidently exercised its discretion by granting, in effect, the plaintiff's motion for leave to renew and, upon renewal, granting his prior motion to restore the action to the trial calendar. A motion for leave to renew must be supported by new or additional facts which, although in existence at the time of a prior motion, were not known to the party seeking renewal and, consequently, not made known to the court (see, Miller v. Fein, 269 A.D.2d 371; Palmer v. Toledo, 266 A.D.2d 268; Fandy Corp. v. Lung-Fong Chen, 265 A.D.2d 450; CPLR 2221). Leave to renew should be denied unless the moving party offers a reasonable excuse as to why the additional facts were not submitted on the original application (see, Matter of Shapiro v. State of New York, 259 A.D.2d 753; Cannistra v. Gibbons, 224 A.D.2d 570, 571). Here, the allegedly new or additional facts set forth by the plaintiff in his motion for leave to renew were known to him at the time he made the original motion, and he did not set forth a valid explanation for failing to present those facts at that time.