Opinion
11-29-2016
490–492 AMSTERDAM AVENUE HOUSING DEVELOPMENT FUND CORPORATION, Plaintiff–Respondent, v. Hector P. O'NEAL, Defendant–Appellant.
Jose Luis Torres, White Plains, for appellant. Barry Mallin & Associates, P.C., New York (Matthew Maline of counsel), for respondent.
Jose Luis Torres, White Plains, for appellant.
Barry Mallin & Associates, P.C., New York (Matthew Maline of counsel), for respondent.
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 A.D.3d 597, 598, 905 N.Y.S.2d 135 [1st Dept.2010] ). Plaintiff demonstrated that it was unaware of the January 2014 90–day notice, since it had discharged its former counsel in June 2013, it was not informed by former counsel of his receipt of that notice, and, despite several requests, was unable to obtain its case file from former counsel. Moreover, plaintiff demonstrated a meritorious cause of action (see Bustamante v. Green Door Realty Corp., 69 A.D.3d 521, 893 N.Y.S.2d 57 [1st Dept.2010] ).
We have considered defendant's remaining contentions and find them unavailing.
MAZZARELLI, J.P., RENWICK, RICHTER, MANZANET–DANIELS, FEINMAN, JJ., concur.