Prinz v. New York State Electric & Gas

Appellate Division of the Supreme Court of New York

Prinz v. New York State Electric & Gas

82 A.D.3d 1199, 920 N.Y.2d 914

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

DecidedMarch 29, 2011

StatusPublished

Cited by3 cases

This text of 82 A.D.3d 1199 (Prinz v. New York State Electric & Gas) 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.

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Prinz v. New York State Electric & Gas, 82 A.D.3d 1199, 920 N.Y.2d 914 (N.Y. Ct. App. 2011).

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Opinion

The Supreme Court properly denied that branch of the plaintiffs motion which was for leave to renew his opposition to the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, which had been granted by the Supreme Court in an earlier order. “A motion for leave to renew must be ‘based upon new facts not offered on the prior motion that would change the prior determination’ ” (Jackson Hgts. Care Ctr., LLC v Bloch, 39 AD3d 477, 480 [2007], quoting CPLR 2221 [e] [2]; see Renna v Gullo, 19 AD3d 472, 473 [2005]; Kaufman v Kunis, 14 AD3d 542 [2005]). Here, the allegedly new facts offered would not have changed the prior determination (see CPLR 2221 [e] [2]; Countrywide Home Loans Servicing, LP v Albert, 78 AD3d 985 [2010]).

Under the circumstances of this case, the Supreme Court also properly denied that branch of the plaintiffs motion which was for leave to amend his complaint (see Kazakhstan Inv. Fund v Manolovici, 2 AD3d 249, 250 [2003]). Dickerson, J.P, Hall, Austin and Cohen, JJ., concur.

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The Supreme Court properly denied that branch of the plaintiffs motion which was for leave to renew his opposition to the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, which had been granted by the Supreme Court in an earlier order. “A motion for leave to renew must be ‘based upon new facts not offered on the prior motion that would change the prior determination’ ” (Jackson Hgts. Care Ctr., LLC v Bloch, 39 AD3d 477, 480 [2007], quoting CPLR 2221 [e] [2]; see Renna v Gullo, 19 AD3d 472, 473 [2005]; Kaufman v Kunis, 14 AD3d 542 [2005]). Here, the allegedly new facts offered would not have changed the prior determination (see CPLR 2221 [e] [2]; Countrywide Home Loans Servicing, LP v Albert, 78 AD3d 985 [2010]).

Under the circumstances of this case, the Supreme Court also properly denied that branch of the plaintiffs motion which was for leave to amend his complaint (see Kazakhstan Inv. Fund v Manolovici, 2 AD3d 249, 250 [2003]). Dickerson, J.P, Hall, Austin and Cohen, JJ., concur.

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82 A.D.3d 1199, 920 N.Y.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prinz-v-new-york-state-electric-gas-nyappdiv-2011.

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