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STATEN ISLAND NEW YORK CVS, INC. v. GORDON RETAIL DEVELOPMENT, LLC

57 A.D.3d 764 (2008)

869 N.Y.S.2d 583

STATEN ISLAND NEW YORK CVS, INC., Appellant, v. GORDON RETAIL DEVELOPMENT, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents, and NAVE, NEWELL & STAMPFL, LTD., et al., Respondents. FUTURE TECH CONSULTANTS OF NEW YORK, INC., Third-Party Defendant-Respondent, et al., Second Third-Party Defendants. (Action No. 1.) STATEN ISLAND NEW YORK CVS, INC., et al., Appellants, v. MXW HOLDING CORP., Respondent. (Action No. 2.)

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

December 16, 2008.

Ordered that the appeal is dismissed, with one bill of costs to the respondents appearing separately and filing separate briefs.

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221 [e] [2]). Here, the plaintiffs' alleged new evidence had not only been submitted to the Supreme Court in opposition to the original motions, cross motion, and separate cross motion but had also...

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