34 A.D.3d 378 823 N.Y.S.2d 897

Damte Zebulun, Appellant, v Mamadou Oury Bah et al., Respondents.

[823 NYS2d 897]

Supreme Court, New York *379County (Milton A. Tingling, J.), entered May 4, 2005,. which denied plaintiffs motion to vacate a default judgment and renew a prior motion seeking to vacate dismissal of the complaint, unanimously affirmed, without costs.

Plaintiffs latest motion was not based upon new facts (CPLR 2221 [e] [2])—the physician’s affirmation he submitted was dated December 9, 2003—and plaintiff did not explain his failure to present such facts on the prior motion (CPLR 2221 [e] [3]). Hence, leave to renew was properly denied (see e.g. Wal-Mart Stores, Inc. v United States Fid. & Guar. Co., 11 AD3d 300, 301 [2004]; Chelsea Piers Mgt. v Forest Elec. Corp., 281 AD2d 252 [2001]). The motion court was not obliged to grant plaintiffs request for renewal simply because defendants had failed to oppose it. Concur—Buckley, RJ., Tom, Mazzarelli, Williams and McGuire, JJ.

Zebulun v. Mamadou Oury Bah
34 A.D.3d 378 823 N.Y.S.2d 897

Case Details

Name
Zebulun v. Mamadou Oury Bah
Decision Date
Nov 30, 2006
Citations

34 A.D.3d 378

823 N.Y.S.2d 897

Jurisdiction
New York

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