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EVERHOME MTGE. CO. v. ABER

2018-02788. Index No. 507839/15.

195 A.D.3d 695 (2021)

145 N.Y.S.3d 396

2021 NY Slip Op 03575

Everhome Mortgage Company, Appellant, v. Nuchem Aber et al., Defendants, and Equity Recovery Corporation, Respondent.

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

Decided June 9, 2021.

Attorney(s) appearing for the Case

McGlinchey Stafford, PLLC, New York, NY ( Kristen D. Romano and Brian S. McGrath of counsel), for appellant.

Dillon, J.P., Miller, Barros and Connolly, JJ., concur.

Ordered that the order dated December 29, 2017, is affirmed insofar as appealed from, without costs or disbursements.

A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination or shall demonstrate that there has been a change in the law that would change the prior determination" (CPLR 2221[e][2]). Here, in support of the branch of its motion which was for leave to renew, the plaintiff argued...

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