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Sajid v. Glenwood Holding

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 1, 2009

SUMERA SAJID, ETC., ET AL., RESPONDENTS,
v.
GLENWOOD HOLDING, LLC, ET AL., APPELLANTS.

In an action, inter alia, to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Balter, J.), dated March 11, 2009, as denied that branch of their motion which was for leave to renew their opposition to the plaintiffs' motion pursuant to CPLR 3126 to strike the answer, which had been granted in an order dated November 10, 2008.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., JOSEPH COVELLO, FRED T. SANTUCCI, CHERYL E. CHAMBERS and LEONARD B. AUSTIN, JJ.

(Index No. 14190/06)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

We affirm the denial of renewal on the ground that the defendants failed to offer a reasonable justification for failing to present the affidavit of the corporate defendants' principal in their opposition to the plaintiffs' original motion (see CPLR 2221[e]; Barnett v Smith, 64 AD3d 669, 670; Reshevsky v United Water N.Y., Inc., 46 AD3d 532, 533; St. Claire v Gaskin, 295 AD2d at 337).

SKELOS, J.P., COVELLO, SANTUCCI, CHAMBERS and AUSTIN, JJ., concur.

20091201

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