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MARIA CENELIA AGUDELO DE OCAMPO, plf-app, v. STEPHANIE KURTZ AND HOWARD KURTZ, def-res

16-486/487. MARIA CENELIA AGUDELO DE OCAMPO, plf-app, v. STEPHANIE KURTZ AND HOWARD KURTZ, def-res — Order (Paul L. Alpert, J.), entered February 29, 2016, insofar as appealable, modified to grant plaintiff's motion to renew, and upon renewal, defendant's motion to dismiss is granted only to the extent of dismissing those claims that accrued more than six years before commencement of this action; as modified, order affirmed, without costs. Appeal from order (same court and Judge) entered December 7, 2015, dismissed, without costs, as academic.

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16-486/487. MARIA CENELIA AGUDELO DE OCAMPO, plf-app, v. STEPHANIE KURTZ AND HOWARD KURTZ, def-res — Order (Paul L. Alpert, J.), entered February 29, 2016, insofar as appealable, modified to grant plaintiff’s motion to renew, and upon renewal, defendant’s motion to dismiss is granted only to the extent of dismissing those claims that accrued more than six years before commencement of this action; as modified, order affirmed, without costs. Appeal from order (same court and Judge) entered December 7, 2015, dismissed, without costs, as academic.

Although renewal motions generally should be based on newly discovered facts that could not be offered on the prior motion (CPLR 2221[e]), courts have discretion to relax this requirement and grant such a motion in the interest of justice (see Mejia v. Nanni, 307 AD2d 870, 871 [2003]). In the circumstances here present, and to achieve substantial fairness (see Tishman Constr. Corp. of N.Y. v. City of New York, 280 AD2d 374, 376-377 [2001]), we favorably exercise our discretion and grant plaintiff’s renewal motion, since she offered a reasonable justification for failing to submit this new evidence on her original pro se papers in opposition to defendant’s dismissal motion and the new evidence would change the prior determination (CPLR 2221[e] [2],[3]).

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