Lettieri v. Lefrak Builders, Inc.

This is a motion by Tomasello Holding Corp. (hereafter referred to as Tomasello), the second third-party defendant impleaded by the defendant Richard Leasing Corp. (hereafter referred to as Richard), for leave to reargue the denial of its motion to amend the judgment so as to allow costs in its favor against said Richard and thereupon to grant its original motion.

Richard opposes the motion as improper since the supporting affidavit contains new matter and reargument is limited to the original papers.

Where the court is presented with and considers new matter, the application is deemed to be a…