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NEO UNIVERSE INC. v. ITO

Index. No. 602175/06. Appeal No. 12791N. Case No. 2020-02921.

190 A.D.3d 426 (2021)

135 N.Y.S.3d 637

2021 NY Slip Op 00026

Neo Universe Inc. et al., Appellants, v. Takanobu Ito, Respondent.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

McGovern Doherty & Kim, PLLC, New York ( Kyu O. Kim of counsel), for appellants.

Law Office of Paul F. Condzal, New York ( Paul F. Condzal of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

The court improvidently exercised its discretion in granting defendant's motion for reargument (see CPLR 2221[d]; Peak v Northway Travel Trailers, 260 A.D.2d 840, 842 [3d Dept 1999]). A motion for reargument "shall be based upon matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion" (CPLR 2221[d][2]). There was no prior motion sought to be reargued. Nor did the court overlook...

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