Board of Mgrs. of Anchorage Condominium v Haynia
2013 NY Slip Op 01224 [103 AD3d 826]
February 27, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


Board of Managers of Anchorage Condominium, Respondent,
v
Walter M. Haynia et al., Defendants, and Carol Fitzsimmons, Appellant.

[*1] Young Law Group, PLLC, Bohemia, N.Y. (Ivan E. Young of counsel), for appellant.

Schneider Mitola LLP, Garden City, N.Y. (Marc H. Schneider and Ryan D. Mitola of counsel), for respondent.

In an action to foreclose a lien upon a condominium unit for nonpayment of common charges, the defendant Carol Fitzsimmons appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated December 12, 2011, which, in effect, denied her motion pursuant to CPLR 2221 for leave to renew her prior motion, inter alia, to vacate an amended order of reference of the same court (Berler, J.), dated July 10, 2006, entered upon her failure to answer or appear.

Ordered that the order is affirmed, with costs.

A motion for leave to renew must be based upon "new facts not offered on the prior motion that would change the prior determination" and must also contain "reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [2], [3]; see Tower Ins. Co. of N.Y. v T & G Contr. Inc., 44 AD3d 933, 934 [2007]). Here, the defendant Carol Fitzsimmons failed to proffer a reasonable justification for her failure to present, on the prior motion, new facts alleged in the instant motion. Accordingly, her motion for leave to renew was properly, in effect, denied (see Castillo v 711 Group, Inc., 55 AD3d 773 [2008]; Matter of Rush v County of Nassau, 44 AD3d 1056, 1057 [2007]; Veitsman v G & M Ambulette Serv., Inc., 35 AD3d 848 [2006]; Hart v City of New York, 5 AD3d 438 [2004]). Skelos, J.P., Balkin, Austin and Sgroi, JJ., concur.