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DEGRAW CONSTRUCTION GROUP, INC. v. McGOWAN BUILDERS, INC.

2018-12386. Index No. 8072/14.

178 A.D.3d 772 (2019)

111 N.Y.S.3d 898

2019 NY Slip Op 08821

Degraw Construction Group, Inc., Respondent, v. McGowan Builders, Inc., et al., Appellants, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Law Firm of Joseph J. Hocking LLC, New York, NY, for appellants.

Zisholtz & Zisholtz, LLP, Garden City, NY (Joseph McMahon of counsel), for respondent.

Mastro, J.P., Leventhal, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order dated September 4, 2018, is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion for leave to reargue is denied, and the order dated September 5, 2017, is reinstated.

A motion for leave to reargue "shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion" (CPLR...

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