Silverstein v 42-43 27th St. Corp.

[*1] Silverstein v 42-43 27th St. Corp. 2014 NY Slip Op 51868(U) Decided on December 22, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 22, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2013-827 Q C

Michael Silverstein, Respondent,

against

42-43 27th Street Corp. and ANNA CHETNIK, Appellants.

Appeal from orders of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered February 19, 2013 and May 15, 2013, respectively. The order entered February 19, 2013, insofar as appealed from, denied defendants' motion for summary judgment dismissing the complaint. The order entered May 15, 2013, insofar as appealed from, denied the branch of defendants' motion seeking leave to renew their prior motion for summary judgment and, upon, in effect, granting leave to reargue, adhered to the prior determination.

ORDERED that the appeal from the order entered February 19, 2013 is dismissed, as that order was superseded by the order entered May 15, 2013; and it is further,

ORDERED that the order entered May 15, 2013, insofar as appealed from, is affirmed, without costs.

Upon a review of the record, we are of the opinion that the Civil Court properly found that triable issues of fact exist precluding an award to defendants of summary judgment (see generally Alvarez v Prospect Hosp. 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]), and properly denied the branch of defendants' motion seeking leave to renew, as defendants failed to set forth a reasonable justification for their failure to present the new facts on the prior motion (see Matter of Leone Props., LLC v Board of Assessors for Town of Cornwall, 81 AD3d 649 [2011]; Sobin v Tylutki, 59 AD3d 701 [2009]).

Pesce, P.J., Solomon and Elliot, JJ., concur.

Decision Date: December 22, 2014