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SHATZ v. CHERTOK

INdex No. 655620/18. Appeal Nos. 15520-15520AM-2022-00085. Case Nos. 2021-00810, 2021-00812.

203 A.D.3d 527 (2022)

165 N.Y.S.3d 490

2022 NY Slip Op 01755

Daniel Shatz, Respondent, v. Douglas Chertok et al., Appellants.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Douglas M. Chertok , New York, for appellants.

Gibbons P.C., New York ( Daniel S. Weinberger of counsel), for respondent.

Concur—Gische, J.P., Kern, González, Shulman, Higgitt, JJ.

The court providently exercised its discretion in denying the motion to renew. Defendants have not come close to establishing new facts not offered on the prior motion or a change in law that would change this Court's prior determination in Shatz v Chertok (180 A.D.3d 609, 609 [1st Dept 2020]) (see CPLR 2221[e]). Seeking Valhalla, decided shortly after Shatz, did not create new law or provide a clarification of the existing law (Seeking Valhalla...

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