From Casetext: Smarter Legal Research

Gerbino v. Gerbino

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2004
5 A.D.3d 435 (N.Y. App. Div. 2004)

Opinion

2003-02896.

Decided March 8, 2004.

In a matrimonial action in which the parties were divorced by judgment dated June 10, 1992, the plaintiff appeals from an order of the Supreme Court, Kings County (Marks, J.H.O.), dated February 19, 2003, which denied her motion for leave to renew a prior motion to set aside a stipulation of settlement dated December 27, 1999, which was denied by order of the same court dated April 3, 2002.

Mark D. Imber, Garden City, N.Y. for appellant.

Before: GABRIEL M. KRAUSMAN, J.P., BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER


ORDERED that the order is affirmed, without costs or disbursements.

A motion for leave to renew must be supported by new or additional facts "not offered on the prior motion that would change the prior determination," and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221[e] [2], [3]; see Gorman v. Ochoa, 2 A.D.3d 582; Bhoj v. Bargold Stor. Sys., 303 A.D.2d 437). Here, the plaintiff failed to show that the additional facts were unavailable to her at the time of the hearing and did not provide a reasonable justification for failing to offer them at that time.

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.


Summaries of

Gerbino v. Gerbino

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2004
5 A.D.3d 435 (N.Y. App. Div. 2004)
Case details for

Gerbino v. Gerbino

Case Details

Full title:RENATA GERBINO, appellant, v. ANTHONY GERBINO, respondent

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

Date published: Mar 8, 2004

Citations

5 A.D.3d 435 (N.Y. App. Div. 2004)
772 N.Y.S.2d 573

Citing Cases

DiVittorio v. DiVittorio

The denial of the appellant's original motion in an order dated February 10, 2006, was affirmed by this Court…