Cruz v. Masada Auto Sales, Ltd.
Decision Date | 05 June 2007 |
Docket Number | 2007-00668. |
Citation | 835 N.Y.S.2d 919,41 A.D.3d 417,2007 NY Slip Op 04775 |
Parties | VINCENT CRUZ, Appellant, v. MASADA AUTO SALES, LTD., et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order entered December 21, 2006 is affirmed insofar as appealed from, with costs.
A motion for leave to reargue "shall be based on matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include matters of fact not offered on the prior motion" (CPLR 2221 [d] [2]; see Pryor v Commonwealth Land Tit. Ins. Co., 17 AD3d 434, 435-436 [2005]).
Contrary to the plaintiff's contention, however, the defendants' motion for leave to reargue was not improperly based upon new arguments not previously advanced. Moreover, upon reargument, the Supreme Court properly vacated the order dated June 26, 2006 and properly granted that branch of the defendants' motion which was to deem them in compliance with the discovery order dated October 18, 2005.
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