Lahey v. Lahey

*1657Defendant thereafter moved for leave to renew the 2006 motion pursuant to CPLR 2221 (e). We conclude that the court properly deemed defendant’s third motion as a motion for leave to reargue despite defendant’s characterization of the motion as one for leave to renew (see DiCienzo v Niagara Falls Urban Renewal Agency, 63 AD3d 1663 [2009]), and we further conclude that the court properly granted the third motion insofar as it sought leave to reargue. The record establishes that, by the 2005 order, the court (Murphy, J.) determined that it had insufficient information to address the merits of…