490-492 Amsterdam Avenue Housing Development Fund Corp. v. O'Neal

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 29, 2016, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion to renew defendant’s motion to dismiss and, upon renewal, denied the motion to dismiss, unanimously affirmed, with costs.

Even if the “new facts not offered on the prior motion” were available to plaintiff at the time (CPLR 2221 [e] [2], [3]), the court exercised its discretion providently in granting plaintiff’s motion for renewal in the interest of justice (see Cruz v Bronx Lebanon Hosp. Ctr., 73 AD3d 597, 598 [1st Dept…