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CARBAJAL v. BOBO ROBO, INC.

300 A.D.2d 335 (2002)

750 N.Y.S.2d 791

IVAN CARBAJAL, Appellant, v. BOBO ROBO, INC., Doing Business as REGENTS, et al., Respondents, et al., Defendants.

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

Decided December 9, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the order dated January 22, 2002, is reinstated, and the Clerk of the Supreme Court, New York County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Kings County.

The respondents asserted no new or newly-discovered facts on their motion. Accordingly, the motion is properly denominated a motion for reargument (see Granato v Waldbaum's Inc.,

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