Anderson v HSBC Mtge. Corp. (USA)
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 2011
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr, JJ
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Kibbie F. Payne, J.), dated February 23, 2011, which denied her motion for leave to renew and reargue a prior order dated August 31, 2010, granting defendants' motion for summary judgment dismissing the complaint.
Order (Kibbie F. Payne, J.), dated February 23, 2011, insofar as appealable, affirmed, with $10 costs.
Civil Court providently exercised its discretion in denying plaintiff's renewal motion, since the purportedly new evidence would not have altered the initial determination (see CPLR 2221[e]; Estate of Brown v Pullman Group, 60 AD3d 481, 482 , lv dismissed and denied 13 NY3d 789 ). To the extent plaintiff seeks review of the denial of her motion seeking reargument, no appeal lies therefrom (see D'Andrea v Hutchins, 69 AD3d 541 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concurI concurI concur Decision
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