Gassab v. R.T.R.L.L.C.

The motion court properly found that plaintiff failed to demonstrate a reasonable justification for the failure to present the “new evidence” on the initial motion to renew (CPLR 2221 [e]; Crawford v Sorkin, 41 AD3d 278 [2007]). Further, the motion court correctly concluded that the evidence would not change the prior determination since the conclusion of plaintiff s expert was reached years after the 2002 trial and was belied by plaintiffs behavior and abilities at trial, which the motion court had personally observed, and by the fact that plaintiff s expert, who testified at trial, raised…