Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), dated November 9, 2011. The order, insofar as appealed from as limited by the brief, denied the branch of defendant's motion seeking leave to renew her prior motion to vacate an arbitrator's award.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.In this small claims action to recover monies allegedly loaned to defendant, the parties agreed to arbitration and, following an arbitration hearing, an award was entered in plaintiff's favor. Defendant subsequently moved, pursuant to CPLR 7511, to vacate the arbitrator's award, arguing that the arbitrator had not permitted her to participate in the proceeding or to offer her defense and had refused to look at any documents she had brought with her. By order dated September 29, 2011, the Civil Court (Carmen R. Velasquez, J.) denied defendant's motion. Thereafter, defendant moved for leave to reargue and renew her motion to vacate the arbitrator's award, based upon the arbitrator's alleged misconduct. Defendant appeals, as limited by her brief, from so much of an order of the Civil Court (Cheree A. Buggs, J.) dated November 9, 2011 as denied the branch of her motion seeking leave to renew her motion to vacate the arbitrator's award.

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]) and must "contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221 [e] [3]). Although defendant claims that the affidavit submitted in support of her renewal motion constituted "new facts not offered on the prior motion," most of the statements in that affidavit simply elaborate upon the statements made in the original affidavit submitted in support of the motion to vacate. In any event, it cannot be said that the alleged "new facts" would have changed the prior determination. Since defendant offered no "new facts not offered on the prior motion that would change the prior determination" denying her motion to vacate the arbitrator's award, the branch of her motion seeking renewal was properly denied (see CPLR 2221 [e] [2]).

Accordingly, the order, insofar as appealed from, is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur. [*2]
Decision Date: August 21, 2013