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PETSAKO v. ZWEIG

8 A.D.3d 355 (2004)

777 N.Y.S.2d 765

BRIDGET PETSAKO, Appellant, v. MORRIS ZWEIG, Respondent.

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

June 7, 2004.

Ordered that the order is affirmed, with costs.

The defendant's motion, although denominated as one for leave to reargue, was properly deemed one for leave to renew since it was supported by new evidence. The requirement that a motion for leave to renew be based upon newly-discovered facts is a flexible one, and a court, in its discretion, may grant renewal upon facts known to the moving party at the time of the original...

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