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Michael Marom v. David Graubard

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


January 14, 2011

MICHAEL MAROM,
PLAINTIFF-APPELLANT,
v.
DAVID GRAUBARD,
DEFENDANT-RESPONDENT.

Per curiam.

Marom v Graubard

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 14, 2011

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered on or about May 11, 2010, which denied his motion to renew and reargue his prior motion to have the underlying money judgment entered against him deemed satisfied.

Order (Peter H. Moulton, J.), entered on or about May 11, 2010, insofar as appealable, affirmed, without costs.

Since plaintiff offered no new facts that were unavailable at the time of the original motion, that branch of his motion seeking renewal was properly denied (see CPLR 2221[e][2]). To the extent plaintiff challenges the denial of that branch of his motion seeking reargument, no appeal lies from such denial (see D'Andrea v Hutchins, 69 AD3d 541 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: January 14, 2011

20110114

© 1992-2011 VersusLaw Inc.



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