| Mejia-Ortiz v Inoa |
| 2011 NY Slip Op 07940 [89 AD3d 514] |
| November 10, 2011 |
| Appellate Division, First Department |
| Ramon Mejia-Ortiz, Appellant, v Gavin R. Inoa et al.,Respondents. |
—[*1] Law Offices of Michael A. Barnett, Garden City (Jay M. Weinstein of counsel), forrespondents.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered April 23, 2010,which, to the extent appealable, denied plaintiff's motion to, among other things, renew a priormotion for a default judgment against defendant Brown-Grey, and dismissed the action asabandoned, unanimously affirmed, without costs.
No appeal lies from the denial of a motion to reargue (DiPasquale v Gutfleish, 74 AD3d 471 [2010]). Supreme Courtproperly denied the motion to renew. The only new facts submitted in support of the motionrelate to plaintiff's counsel's attempts to serve defendant Inoa after commencement of the action.Even if counsel provided a reasonable explanation for failing to include those facts in the priormotion, they do not warrant a change in the prior determination (see CPLR 2221 [e] [2],[3]). Indeed, plaintiff still failed to provide an affidavit of merit or a reasonable excuse for the2½-year delay in moving for a default judgment against defendant Brown-Grey (see Mejia-Ortiz v Inoa, 71 AD3d517 [2010]). The medical records submitted in reply were not properly before the motioncourt and, in any event, were not affirmed (see Ritt v Lenox Hill Hosp., 182 AD2d 560,562 [1992]). Concur—Saxe, J.P., Sweeny, DeGrasse, Manzanet-Daniels andRomÁn, JJ.