Legal Opinion

Schumer v. Levine

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

Decided October 11, 1994PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for embezzlement and fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Krausman, J.), dated July 6, 1993, which denied his motion to reargue the defendants’ motion for summary judgment, which was granted by order of the same court, dated June 4, 1993.

*606Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff’s motion must be considered a motion to reargue rather than to renew, because he presented no new facts which were not presented in opposition to the original motion (see, Caffee v Arnold, 104 AD2d 352).…

2Cases cited2 opinions

  1. Caffee v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1984
  2. DeFreitas v. Board of Education of City of Mount Vernon District No. 416Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. Polanco v. DuranAppellate Division of the Supreme Court of the State of New York · 2000
  2. Williams v. PeraltaAppellate Division of the Supreme Court of the State of New York · 2007
  3. Maxwell v. Snapper, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. McCorvey v. SchoulderAppellate Division of the Supreme Court of the State of New York · 2000
  5. Piacentini v. Mineola Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2001

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