Sajid v Glenwood Holding, LLC

Sajid v Glenwood Holding, LLC 2009 NY Slip Op 09016 [68 AD3d 745] December 1, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Sumera Sajid et al., Respondents,
v
Glenwood Holding, LLC, et al., Appellants.

—[*1] McGivney & Kluger, P.C., New York, N.Y. (Christopher A. Bacotti of counsel), for appellants.

Kenneth A. Wilhelm, New York, N.Y. (Susan R. Nudelman and Rory Shectman of counsel), for respondents.

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.

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 [2009]; Reshevsky v United Water N.Y., Inc., 46 AD3d 532, 533 [2007]; St. Claire v Gaskin, 295 AD2d 336, 337 [2002]). Skelos, J.P., Covello, Santucci, Chambers and Austin, JJ., concur.