Jordan v. Yardeny

In an action, inter alia, to recover damages for breach of contract and unjust enrichment, the defendant appeals from an order of the Supreme Court, Queens County (Agate, J.), entered October 29, 2009, which denied that branch of his motion which was, in effect, for leave to renew his prior motion to vacate a judgment of the same court entered June 7, 2006, upon his default in answering or appearing, which had been denied in an order of the same court dated September 14, 2006.

Ordered that the order is affirmed, with costs.

A motion for leave to renew must be based upon new facts not offered on…