LIEBER REALTY, LLC v. AMBER HEART MEDICAL, P.C.


52 A.D.3d 477 (2008)

860 N.Y.S.2d 545

LIEBER REALTY, LLC, Respondent, v. AMBER HEART MEDICAL, P.C., Appellant.

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

Decided June 3, 2008.


Ordered that the appeal is dismissed, without costs or disbursements.

The defendant's motion, denominated as one for leave to renew and reargue, was not based on new facts (see CPLR 2221 [e] [2]; Trahan v Galea, 48 A.D.3d 791 [2008]). Thus, the motion, although denominated as one for leave to renew and reargue, was, in actuality, a motion for leave to reargue, the denial...

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