
    John Koeppel, Appellant, v Volkswagen Group of America, Inc., et al., Respondents.
    [66 NYS3d 121]
   Order, Supreme Court', New York County (Anil C. Singh, J.), entered on or about February 24, 2017, which denied plaintiffs motion for leave to renew defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

This Court affirmed the dismissal of the complaint for failure to allege facts from which it could be inferred that defendants participated in plaintiff’s business partners’ alleged scheme to defraud plaintiff out of his ownership of a Volkswagen dealership (128 AD3d 441 [1st Dept 2015]). Thereafter, this Court affirmed denial of plaintiffs first motion for renewal (145 AD3d 436 [1st Dept 2016]). Plaintiff again seeks renewal, this time on the basis of emails between his former business partners and an employee of defendants, claiming they are proof that defendants were part of the scheme.

Plaintiff again has failed to provide reasonable justification for his failure to present the new evidence on defendants’ motion (CPLR 2221 [e] [3]). Further, the new facts, even if considered, do not change the original determination (CPLR 2221 [e] [2]). The emails contain no facts establishing that defendants knew of the alleged fraud.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Andrias, Gesmer and Oing, JJ.  