Corcoran Group Real Estate v De Libero

Corcoran Group Real Estate v De Libero 2012 NY Slip Op 00238 Decided on January 17, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 17, 2012
Mazzarelli, J.P., Friedman, Catterson, Renwick, DeGrasse, JJ.
6236 116740/08

[*1]The Corcoran Group Real Estate, Plaintiff-Appellant,

v

Grace De Libero, Defendant-Respondent.




Margolin & Pierce, LLP, New York (Errol F. Margolin of
counsel), for appellant.
Grace De Libero, respondent pro se.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 25, 2011, which denied plaintiff's motion for renewal of its petition to confirm an arbitration award, unanimously reversed, on the law, without costs, the motion granted, and the petition to confirm the award granted.

Plaintiff's motion for renewal of its petition to confirm an arbitration award was supported by evidence, not submitted on the prior application, showing that plaintiff timely re-filed the petition under the terms of the order dismissing the original petition on technical grounds. Under the circumstances, we find that plaintiff has demonstrated a "reasonable justification for the failure to present [the new] facts on the prior motion" (CPLR 2221[e][3]). Accordingly, plaintiff is entitled to renewal, and, upon renewal, to confirmation of the award, defendant having failed to raise any substantive grounds for denial of that relief on the merits.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 17, 2012

CLERK