| Rosa v Alianza, LLC |
| 2017 NY Slip Op 08181 [155 AD3d 500] |
| November 21, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Robert Rosa, Appellant, v Alianza, LLC, Respondent, et al., Defendant. |
The Altman Law Firm, PLLC, New York (Michael Altman of counsel), for appellant.
Law Office of James J. Toomey, New York (Michael J. Kozoriz of counsel), for respondent.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered June 24, 2016, which, to the extent appealable, denied plaintiff's motion to renew his prior motion for summary judgment on the issue of liability under Labor Law § 240 (1), unanimously affirmed, without costs.
Plaintiff failed to support his motion to renew with "new facts not offered on the prior motion" and "reasonable justification" for his failure to present those facts on the prior motion (CPLR 2221 [e]; see American Audio Serv. Bur. Inc. v AT & T Corp., 33 AD3d 473, 476 [1st Dept 2006]). Concur—Acosta, P.J., Tom, Webber, Gesmer and Singh, JJ.