P & S 95TH STREET ASSOC., LLC v. NILDE REALTY

154511/13, 1619NA, 1619N.

140 A.D.3d 642 (2016)

33 N.Y.S.3d 712

2016 NY Slip Op 05103

P & S 95TH STREET ASSOCIATES, LLC, Respondent, v. NILDE REALTY et al., Defendants, and PHILLIPOS RESTAURANT, INC., Doing Business as THE BARKING DOG, et al., Appellants.

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

Decided June 28, 2016.


The lower court properly denied appellants' motion to renew, as appellants' purported "new facts" are not new facts, but rather new legal arguments. Accordingly, appellants' motion is more accurately characterized as a motion to reargue, and no appeal lies from the court's denial of a motion to reargue (see Forbes v Giacomo, 130 A.D.3d 428 [1st Dept 2015], lv dismissed in part, denied in part 26 N.Y.3d 1047...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases