Davi v. Occhino

*652In an action, inter alla, to recover damages for trespass and private nuisance, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered October 15, 2012, which denied his motion pursuant to CPLR 2221 (e), in effect, for leave to renew his prior cross motion to reject a referee’s report (Geller, Ref.) dated March 5, 2009, made after a hearing, recommending that judgment be entered in favor of the defendant dismissing the complaint, or, in the alternative, pursuant to CPLR 5015 (a) to modify an order of the same court dated August 19, 2009, which…