MATTER OF ZANGER v. IBERTI


272 A.D.2d 253 (2000)

709 N.Y.S.2d 397

In the Matter of LEON ZANGER et al., Appellants, v. JOHN IBERTI, Respondent.

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

Decided May 25, 2000.


Regardless of whether petitioners' motion should have been styled as one to vacate a judgment pursuant to CPLR 5015 (a) (2) rather than one to renew pursuant to CPLR 2221 (e) (2), it was properly denied. The only "new" fact tendered by petitioners, namely, a recent California judgment, was already before the IAS Court on the original motion, as embodied in the California court's interlocutory orders, of which the IAS Court had already taken notice. In view of the California...

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