Nunez v Yonkers Racing Corp.

Summary

The Appellate Division, Second Department affirmed an order denying Yonkers Racing Corp.'s second motion for leave to renew its prior summary judgment motion. The court held that the affidavits submitted did not present new facts that would change the prior determination and that the defendant lacked a reasonable justification for not presenting them earlier.

Holdings

1. Leave to renew was properly denied because the affidavits submitted with the second renewal motion did not present new facts that would change the prior determination, and the defendant failed to provide a reasonable justification for not presenting them on its original motion.

Questions Presented

1. Whether the Supreme Court properly denied Yonkers Racing Corp.'s second motion for leave to renew portions of its prior summary judgment motion.
2. Whether the affidavits submitted with the second renewal motion constituted new facts that would change the prior determination and whether Yonkers reasonably justified its failure to submit them earlier.

Disposition

affirmed