Legal Opinion
Farmingdale Realty Trust v. Real Properties MLP Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1996PublishedCited by 4 opinions
1Opinion of the Court
*657The plaintiff’s motion, characterized as one to vacate the judgment based on newly discovered evidence, was not based upon new facts which were unavailable at the time of the original motion and was therefore actually a motion to reargue, the denial of which is not appealable (see, e.g., Mgrditchian v Donato, 141 AD2d 513; Matter of Bosco, 141 AD2d 639; Matter of Kadish v Columbo, 121 AD2d 722).
The Supreme Court correctly concluded that the plaintiff never tendered the amount due for principal and interest on the mortgages (see, Bank of N. Y. v Midland Ave. Dev., 193 AD2d 641, 642; Jamaica…
2Cases cited8 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Mgrditchian v. DonatoAppellate Division of the Supreme Court of the State of New York · 1988
- Emery v. Fishmarket Inn of Granite Springs, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Kadish v. ColomboAppellate Division of the Supreme Court of the State of New York · 1986
- Barclay's Bank of New York v. Market Street Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Home Savings of America v. IsaacsonAppellate Division of the Supreme Court of the State of New York · 1997
- First Federal Savings Bank v. MiduraAppellate Division of the Supreme Court of the State of New York · 1999
- New York Cooling Towers, Inc. v. GoidelNew York Supreme Court · 2005
- Krupnick v. Windy Ridge Corp.Appellate Division of the Supreme Court of the State of New York · 2017