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KATS v. AGOSTO

Index No. 850027/12. Appeal No. 15637. Case No. 2021-02639.

203 A.D.3d 661 (2022)

163 N.Y.S.3d 404

2022 NY Slip Op 02198

Rudolf Kats, Respondent, v. Blanca N. Agosto, Appellant, et al., Defendants.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Binakis Law, P.C., Astoria ( Paraskevas Binakis of counsel), for appellant.

Christopher J. Panny , Brooklyn, for respondent.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.

Although her motion was styled a motion to renew, on appeal, defendant argues only that the motion court overlooked or misapprehended the facts and law, citing CPLR 2221(d), the rule governing motions for leave to reargue. No appeal lies from the denial of leave to reargue (Kocak v Dargin, 199 A.D.3d 456, 458 [1st Dept 2021]). By failing to discuss the issue of renewal in her appellate brief, defendant has abandoned any...

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