Cronwall Equities v. International Links Development Corp.
Decision Date | 09 November 1998 |
Citation | 255 A.D.2d 354,679 N.Y.S.2d 676 |
Parties | 1998 N.Y. Slip Op. 9974 CRONWALL EQUITIES, Respondent, v. INTERNATIONAL LINKS DEVELOPMENT CORP., Defendant, Sidney Goldstein, etc., Appellant. |
Court | New York Supreme Court — Appellate Division |
Paul E. Haberman, New York, N.Y., for appellant.
Before BRACKEN, J.P., RITTER, COPERTINO, SANTUCCI and ALTMAN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for breach of contract and fraud, the defendant Sidney Goldstein appeals from (1) an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated December 19, 1997, which denied his motion, inter alia, to renew his motion, among other things, pursuant to CPLR 5015(a)(3) to vacate so much of a judgment of the same court, dated November 13, 1995, as was against him upon his default in answering the complaint, which motion was denied by an order of the same court dated July 14, 1997, and (2) an order of the same court, also dated December 19, 1997, which, in effect, denied the plaintiff's motion to hold him in contempt.
ORDERED that the appellant is awarded one bill of costs.
The requirement that a motion for renewal be based upon newly discovered facts is a flexible one, and a court, in its...
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...time of the original motion ( see J.D. Structures v. Waldbaum, 282 A.D.2d 434, 436, 723 N.Y.S.2d 205; Cronwall Equities v. International Links Dev. Corp., 255 A.D.2d 354, 679 N.Y.S.2d 676), a motion for leave to renew “ ‘is not a second chance freely given to parties who have not exercised ......
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Meighan v. Rodriguez
...and closing, as a motion for renewal is flexible (see, Daniel Perla Assocs. v. Ginsburg, 256 A.D.2d 303; Cronwall Equities v International Links Dev. Corp., 255 A.D.2d 354) and the plaintiffs proffered a reasonable explanation for failing to conduct the appraisal and inspection on the date ......
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Benjamin Development Co., Inc. v. DJH Mechanical Associates, Ltd., 2008 NY Slip Op 31949(U) (N.Y. Sup. Ct. 7/2/2008)
...in its discretion, may grant renewal upon facts known to the moving party at the time of the original motion." Cronwall Equities v. Int'l Links Dev.Corp., 255 A.D. 2d 354, 355. (2nd Dept. 1988). The Court's order of March 2008 allowed for renewal upon submission of proper proof. Therefore, ......