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MATTER OF 160 E. 84TH ST. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 100643/16. Appeal No. 15529. Case No. 2021-00948.

203 A.D.3d 501 (2022)

161 N.Y.S.3d 776

2022 NY Slip Op 01729

In the Matter of 160 East 84th Street, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Sherry Sado, Intervenor-Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Horing Welikson Rosen & Digrugilliers PC, Williston Park (Richard T. Walsh of counsel), for appellant.

Mark F. Palomino, New York (Martin B. Schneider of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

The court properly denied petitioner's motion. Under certain circumstances, a court of original jurisdiction may entertain a motion for leave to renew a prior order or judgment based on newly discovered evidence, even after an appellate court has rendered a decision on that order or judgment (see Tishman Constr. Corp. of N.Y. v City of New York, 280 A.D.2d 374, 377 [1st Dept 2001]). But absent any of the circumstances set forth in...

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