| Green v Betancourt |
| 2007 NY Slip Op 51366(U) [16 Misc 3d 131(A)] |
| Decided on July 13, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Howard H. Sherman, J.), dated June 12, 2006, which, to the extent appealable, denied his motion for renewal of a prior order dismissing the action pursuant to 22 NYCRR 208.14(d).
Per Curiam.
Order (Howard H. Sherman, J.), dated June 12, 2006, affirmed, with $10 costs.
Renewal was properly denied inasmuch as plaintiff did not provide "reasonable justification" for his failure to submit proper evidence on his original opposition to defendants' dismissal motion (CPLR 2221 [e][3]). "Renewal is not available as a second chance' for parties who have not exercised due diligence in making their first factual presentation [citation omitted]" (Chelsea Piers Mgt. v Forest Electric Corp., 281 AD2d 252 [2001]). Even were renewal granted, plaintiff failed to make the requisite showing of "exceptional circumstances" to avoid the mandatory dismissal provisions of the governing court rule (22 NYCRR 208.14[d]; see Centennial Restorations Co. v Wyatt, 248 AD2d 193 [1998]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 13, 2007