Corcoran Group Real Estate v. De Libero

Appellate Division of the Supreme Court of New York

Corcoran Group Real Estate v. De Libero

91 A.D.3d 499, 936 N.Y.2d 540

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 17, 2012

StatusPublished

This text of 91 A.D.3d 499 (Corcoran Group Real Estate v. De Libero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corcoran Group Real Estate v. De Libero, 91 A.D.3d 499, 936 N.Y.2d 540 (N.Y. Ct. App. 2012).

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Opinion

Plaintiffs 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. Concur — Mazzarelli, J.P., Friedman, Catterson, Renwick and DeGrasse, JJ.

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Plaintiffs 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. Concur — Mazzarelli, J.P., Friedman, Catterson, Renwick and DeGrasse, JJ.

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Bluebook (online)

91 A.D.3d 499, 936 N.Y.2d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corcoran-group-real-estate-v-de-libero-nyappdiv-2012.