Branch Banking & Trust Co. v. Farber

2017 NY Slip Op 3870, 150 A.D.3d 482, 51 N.Y.S.3d 883

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 11, 2017
• Docket: 3989 651295/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered February 1, 2016, which denied defendants’ motion to renew plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Defendants failed to offer new facts that would have changed the court’s prior determination and to establish reasonable justification for their failure to present such facts on the prior motion (CPLR 2221 [e]; see Henry v Peguero, 72 AD3d 600 [1st Dept 2010]).

Concur—Friedman, J.P., Moskowitz, Manzanet-Daniels, Kapnick and Webber, JJ.