MAZINOV v. RELLA

2010-04997.

79 A.D.3d 979 (2010)

912 N.Y.S.2d 896

AMET MAZINOV et al., Respondents, v. YANNA RELLA, Respondent, and FLAGG COURT OWNERS CORP., et al., Appellants.

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

Decided December 21, 2010.


Ordered that the order dated April 16, 2010, is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs' motion for leave to reargue is denied, and the order dated November 24, 2009, is reinstated.

A motion for leave to reargue "shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion, but shall not include any matters of fact not offered on the prior motion" (CPLR 2221...

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