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MATTER OF THOMAS v. BORAKOVE

235 A.D.2d 279 (1997)

652 N.Y.S.2d 518

In the Matter of Herbert Thomas, Appellant, v. Ellen Borakove et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 16, 1997

The motion to renew or reargue which was based on an intervening decision of a court of coordinate jurisdiction, not new or additional facts, was properly treated by the IAS Court as one for reargument (cf., Matter of Huie, 20 N.Y.2d 568, 572), denial of which is nonappealable (Matter of Medina v Brown, 213 A.D.2d 195

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