Ordered that the appeal from the order dated December 14, 2006, is dismissed, as that order was superseded by the amended order; and it is further,
Ordered that the amended order is affirmed insofar as appealed from; and it is further,
Ordered that the order dated June 1, 2007 is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondents.
The plaintiffs claims against the defendants Viacom, Inc. and Viacom International, Inc. (hereinafter the Viacom defendants) were not interposed until the filing of the supplemental summons and amended complaint, which first named those parties as defendants, in June 2006 (see Perez v Paramount Communications, 92 NY2d 749, 756 [1999]; Matter of Williams v County of Genesee, 306 AD2d 865, 867 [2003]). Since the incident from which this action arose occurred in February 2003, more than three years earlier, the action, insofar as asserted against the Viacom defendants, was time-barred (see CPLR 214 [5]).
Contrary to the plaintiffs contention, his claims against the Viacom defendants did not relate back to the claims asserted in the original complaint, since the Viacom defendants were not united in interest with either of the defendants named in the original complaint (see CPLR 203 [c]; Buran v Coupal, 87 NY2d
The Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was for leave to renew his opposition to the motion to dismiss the amended complaint insofar as asserted against the Viacom defendants, since the plaintiff failed to establish that there was a “reasonable justification” for his failure to present the new evidence in opposition to the original motion (CPLR 2221 [e] [3]; see Lardo v Rivlab Transp. Corp., 46 AD3d 759 [2007]; Crystal House Manor, Inc. v Totura, 29 AD3d 933 [2006]). In any event, the new facts presented by the plaintiff in support of his motion did not warrant a change of the prior determination (see CPLR 2221 [e] [2]; Reshevsky v United Water N.Y., Inc., 46 AD3d 532 [2007]).
The plaintiff’s remaining contentions are without merit. Prudenti, P.J., Lifson, Covello and Balkin, JJ., concur.
