Legal Opinion
Dinten-Quiros v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 12 opinions
1Opinion of the Court
*589In support of that branch of her motion which was for leave to renew, the plaintiff was required to proffer both new facts not presented on the prior motion that would warrant denial of the defendant’s motion for summary judgment dismissing the complaint, and a reasonable justification for the failure to have presented such facts at that time (see CPLR 2221 [e] [2], [3]; Madison v Tahir, 45 AD3d 744 [2007]; St. Claire v Gaskin, 295 AD2d 336, 337 [2002]). Here, the plaintiff did not provide a reasonable justification for her failure to proffer the alleged new facts in opposition to the…
2Cases cited2 opinions
- Madison v. TahirAppellate Division of the Supreme Court of the State of New York · 2007
- Claire v. GaskinAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by12 opinions
- Barnett v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
- Savin v. Brooklyn Marine Park Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Ramirez v. KhanAppellate Division of the Supreme Court of the State of New York · 2009
- DeMarquez v. GalloAppellate Division of the Supreme Court of the State of New York · 2012
- Caraballo v. KimAppellate Division of the Supreme Court of the State of New York · 2009
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