Marom v. Graubard

Full title: MICHAEL MAROM, Plaintiff-Appellant, v. DAVID GRAUBARD, Defendant-Respondent

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 14, 2011

2011 N.Y. Slip Op. 50039 (N.Y. App. Term 2011)

Opinion

570647/07.

Decided January 14, 2011.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered on or about May 11, 2010, which denied his motion to renew and reargue his prior motion to have the underlying money judgment entered against him deemed satisfied.

Order (Peter H. Moulton, J.), entered on or about May 11, 2010, insofar as appealable, affirmed, without costs.

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ.

PER CURIAM.

Since plaintiff offered no new facts that were unavailable at the time of the original motion, that branch of his motion seeking renewal was properly denied ( see CPLR 2221[e][2]). To the extent plaintiff challenges the denial of that branch of his motion seeking reargument, no appeal lies from such denial ( see D'Andrea v Hutchins, 69 AD3d 541).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.