70TH STREET APTS. CORP. v. PHOENIX CONSTR., INC.

161709/14, 1296, 103223/09.

139 A.D.3d 619 (2016)

30 N.Y.S.3d 857

2016 NY Slip Op 04127

70TH STREET APARTMENTS CORP., Respondent, v. PHOENIX CONSTRUCTION, INC., Appellant. PHOENIX CONSTRUCTION, INC., Appellant, v. 70TH STREET APARTMENTS CORP., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2016.


Although Phoenix sought leave to renew and reargue the parties' prior motions for summary judgment in its action against 70th Street, the motion was actually a motion for leave to reargue, since it did not proffer any "new facts" in support of the motion (CPLR 2221 [e] [2]; see Prime Income Asset Mgt., Inc. v American Real Estate Holdings L.P., 82 A.D.3d 550, 551 [1st Dept 2011], lv denied 17 N.Y.3d 705

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