Furnari v Cherokee Owners Corp.
Decided on February 22, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Torres, JJ
Kathleen Gerritson Furnari, Plaintiff-Appellant,
Cherokee Owners Corp. and Insignia Residential Group, Inc., Defendants-Respondents, -and- Michael Mariani, Defendant.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered May 14, 2010, which denied her motion for leave to renew and reargue a prior order granting the corporate defendants' motion for summary judgment dismissing the complaint as against them.
Order (Barbara Jaffe, J.), entered May l4, 2010, insofar as appealable, affirmed, without costs.
Civil Court providently exercised its discretion in denying plaintiff's motion for renewal, since plaintiff did not offer a reasonable justification for her failure to submit the purportedly new evidence in opposition to defendants' initial summary judgment motion. In any event, the belatedly proffered evidence would not have altered the initial determination (see CPLR 2221[e]; Estate of Brown v Pullman Group, 60 AD3d 481 , lv dismissed and denied 13 NY3d 789 ). To the extent plaintiff seeks review of the denial of her motion seeking reargument, no appeal lies therefrom (see D'Andrea v Hutchins, 69 AD3d 541 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 22, 2012