Opinion
2003-05716.
Decided April 26, 2004.
In an action to recover damages for personal injuries, the defendant 643 Manhattan Avenue Corp. appeals from an order of the Supreme Court, Kings County (Ambrosio, J.), dated April 28, 2003, which denied its motion for leave to renew a prior order of the same court (Barron, J.), dated May 17, 2001, denying its motion for summary judgment dismissing the complaint insofar as asserted against it.
White McSpedon, P.C., New York, N.Y. (Sally A. Monteleone of counsel), for appellant.
Rubenstein Rynecki, Brooklyn, N.Y. (Paul R. Cordella of counsel), for plaintiff-respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the motion of the defendant 643 Manhattan Avenue Corp. for leave to renew, since it failed to establish a reasonable excuse as to why the additional facts it offered were not submitted on the original motion ( see Hasmath v. Cameb, A.D.3d [2d Dept, Mar. 8, 2004]; Bepat v. Chandler, 2 A.D.3d 764; Vita v. Alstom Signaling, 308 A.D.2d 582; Morrison v. Rosenberg, 278 A.D.2d 392; McNeill v. Sandiford, 270 A.D.2d 467; Cole-Hatchard v. Grand Union, 270 A.D.2d 447).
In light of our determination, the appellant's remaining contentions have been rendered academic.
FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.