O'Connell v. Post
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Davis, J), dated January 12, 2005, as denied that branch of his motion which was for leave to renew the defendant’s prior motion to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
A motion for leave to renew must (1) be based upon new facts not offered on the prior motion that would change the prior determination and (2) set forth a reasonable justification for the failure to present…
2Cases cited2 opinions
- Renna v. GulloAppellate Division of the Supreme Court of the State of New York · 2005
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