Opinion
2018–13584 Index No. 502178/15
09-30-2020
JIAN FENG ZHANG, respondent, v. Jerry L. ROMAN, et al., appellants.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY (Scott H. Stopnik, Patrick J. Lawless, and I. Elie Herman of counsel), for appellants. Sim & DePaola, LLP, Bayside, NY (Sang J. Sim and Samuel C. DePaola of counsel), for respondent.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, NY (Scott H. Stopnik, Patrick J. Lawless, and I. Elie Herman of counsel), for appellants.
Sim & DePaola, LLP, Bayside, NY (Sang J. Sim and Samuel C. DePaola of counsel), for respondent.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS-RADIX, HECTOR D. LASALLE, JJ.
DECISION & ORDER In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Bernard Graham, J.), dated November 1, 2018. The order denied the defendants' motion for leave to renew their prior motion for summary judgment dismissing the complaint, which had been denied in an order of the same court dated September 7, 2017.
ORDERED that the order dated November 1, 2018, is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained in a motor vehicle collision. The defendants moved for summary judgment dismissing the complaint, and in an order dated September 7, 2017, the Supreme Court denied their motion. Thereafter, the defendants moved for leave to renew their prior motion for summary judgment dismissing the complaint. In an order dated November 1, 2018, the court denied the defendants' motion for leave to renew. The defendants appeal.
"A motion for leave to renew is addressed to the sound discretion of the court" ( Matheus v. Weiss, 20 A.D.3d 454, 454–455, 797 N.Y.S.2d 774 ; see Okumus v. Living Room Steak House, Inc., 112 A.D.3d 799, 800, 977 N.Y.S.2d 340 ). 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 Bukhtiyarova v. Cohen, 172 A.D.3d 1153, 1155–1156, 102 N.Y.S.3d 57 ; Phoenix Grantor Trust v. Exclusive Hospitality, LLC, 172 A.D.3d 927, 927, 97 N.Y.S.3d 872 ).
Here, we agree with the Supreme Court's determination denying the defendants' motion for leave to renew their prior motion for summary judgment dismissing the complaint. The alleged new facts offered by the defendants would not have changed the prior determination (see Moyal v. Dewhurst, 177 A.D.3d 666, 109 N.Y.S.3d 881 ; Constructamax, Inc. v. Dodge Chamberlin Luzine Weber, Assoc. Architects, LLP, 157 A.D.3d 852, 70 N.Y.S.3d 521 ; NYCTL 1999–1 Trust v. Surf Coney Is., Inc., 63 A.D.3d 1023, 880 N.Y.S.2d 568 ).
BALKIN, J.P., LEVENTHAL, HINDS–RADIX and LASALLE, JJ., concur.