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KRISTEN HAUNSS, plf-ap, v. THE CITY OF NEW YORK, def-res

8448N. KRISTEN HAUNSS, plf-ap, v. THE CITY OF NEW YORK, def-res — Faber & Troy, Woodbury (Candice A. Pluchino of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered December 20, 2011, which denied plaintiff's motion to renew, unanimously reversed, on the law, without costs, the motion granted and, upon renewal, the motion for leave to amend the notice of claim granted, insofar as it sought to allege that defendant caused and/or created the subject condition.

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8448N. KRISTEN HAUNSS, plf-ap, v. THE CITY OF NEW YORK, def-res — Faber & Troy, Woodbury (Candice A. Pluchino of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered December 20, 2011, which denied plaintiff’s motion to renew, unanimously reversed, on the law, without costs, the motion granted and, upon renewal, the motion for leave to amend the notice of claim granted, insofar as it sought to allege that defendant caused and/or created the subject condition.

Supreme Court should have granted plaintiff’s motion to renew. There is no dispute that the motion was based upon “new facts” that were unavailable to plaintiff when she moved for leave to amend the notice of claim. It was only after that motion had been denied that defendant furnished plaintiff with the various complaint reports showing that repairs had been completed at the intersection shortly before plaintiff’s accident. Thus, plaintiff had a “reasonable justification for the failure to present such facts on the prior motion” (CPLR 2221 [e][3]).

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