Legal Opinion

P & S 95th Street Associates, LLC v. Nilde Realty

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

Decided June 28, 2016No. 154511/13 1619NA 1619NPublished

1Opinion of the Court

Order, Supreme Court, New York County (Peter H. Moulton, J.), entered August 11, 2015, which, to the extent appealable, denied appellants’ motion to vacate the court’s March 13, 2014 order, unanimously affirmed, with costs. Appeal from so much of the August 2015 order as purports to be from the denial of appellants’ motion to renew, unanimously dismissed, without costs, as taken from the denial of reargument.

The lower court properly denied appellants’ motion to renew, as appellants’ purported “new facts” are not new facts, but rather new legal arguments. Accordingly, appellants’ motion is…

2Cases cited2 opinions

  1. Northern Source, LLC v. KousourosAppellate Division of the Supreme Court of the State of New York · 2013
  2. In re Chelsea Antoinette A.Appellate Division of the Supreme Court of the State of New York · 2011

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