Pursuant to CPLR 2221[e][2], the motion must be based on new or additional facts, not offered on the original motion, that would change the prior determination. Renewal requires a showing that the facts were not known to the movant, or, in the court's discretion, that they were not offered for a justifiable reason.. The court lacks discretion to grant renewal where the moving party omits a reasonable justification for failing to present the facts on the original motion.
Armstrong v. Armstrong, NY Slip Op 03953 (2d Dep't June 6, 2018)
Here is the decision.
