Legal Opinion

Giovanni v. Moran

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 2006PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, to recover damages based on breach of contract, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Lally, J), entered September 7, 2005, as denied his cross motion for leave to renew his prior motion to vacate a judgment entered upon his default in appearing or answering.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

*734The court providently exercised its discretion in denying the defendant’s cross motion for leave to renew because he failed to present “new facts” which were unavailable at the…

2Cases cited4 opinions

  1. Johnson v. MarquezAppellate Division of the Supreme Court of the State of New York · 2003
  2. Town House St., LLC v. New Fellowship Full Gospel Baptist Church, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Almonte v. Western Beef, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Rush v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by5 opinions

  1. Wells Fargo Bank, N.A. v. RooneyAppellate Division of the Supreme Court of the State of New York · 2015
  2. Carmike Holding I, LLC v. SmithAppellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of O'Gorman v. O'GormanAppellate Division of the Supreme Court of the State of New York · 2014
  4. Leyberman v. LeybermanAppellate Division of the Supreme Court of the State of New York · 2007
  5. Vid v. KaufmanAppellate Division of the Supreme Court of the State of New York · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API