Opinion
2002-07083
Submitted May 7, 2003.
June 2, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Phelan, J.), entered June 25, 2002, which denied their motion, denominated as one for leave to reargue and renew, but which was, in effect, for leave to renew.
Pops Associates, New York, N.Y. (Seymour I. Yanofsky of counsel), for appellants.
George D. Argiriou, Hicksville, N.Y. (Philip A. DeCicci, Jr., of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
A motion for leave to renew should be denied unless the moving party offers a reasonable justification as to why the new facts were not submitted on the prior motion (see CPLR 2221[e]; Palmer v. Toledo, 266 A.D.2d 268). The plaintiffs failed to offer a reasonable justification for their failure to submit the subsequent affidavits of the injured plaintiff's treating chiropractor in opposition to the prior motion for summary judgment. Thus, the motion which was, in effect, for leave to renew, was properly denied (see Malik v. Campbell, 289 A.D.2d 540; Good Samaritan Hosp. Med. Ctr. v. Ruscito, 287 A.D.2d 538; Palmer v. Toledo, supra).
FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.