Opinion
9705N.
November 30, 2006.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered May 4, 2005, which denied plaintiffs motion to vacate a default judgment and renew a prior motion seeking to vacate dismissal of the complaint, unanimously affirmed, without costs.
Before: Buckley, P.J., Tom, Mazzarelli, Williams and McGuire, JJ.
Plaintiff's latest motion was not based upon new facts (CPLR 2221 [e] [2]) — the physician's affirmation he submitted was dated December 9, 2003 — and plaintiff did not explain his failure to present such facts on the prior motion (CPLR 2221 [e] [3]). Hence, leave to renew was properly denied ( see e.g. Wal-Mart Stores, Inc. v United States Fid. Guar. Co., 11 AD3d 300, 301; Chelsea Piers Mgt. v Forest Elec. Corp., 281 AD2d 252). The motion court was not obliged to grant plaintiffs request for renewal simply because defendants had failed to oppose it.