Opinion
8678 8679 8680 Index 24516/13E
03-12-2019
E Samuel Yovany CASAS CORTEZ, et al., Plaintiffs–Appellants, v. Damon GERSH Individually and Doing Business as Maxons Restorations, Inc., et al., Defendants–Respondents, Forman Mills, Inc., Defendant. [And a Third Party Action]
Ginarte Gallardo Gonzalez & Winograd LLP, New York (Timothy Norton of counsel), for appellants. Ford Marrin Esposito Witmeyer & Gleser, LLP, New York (Caroline McKenna of counsel), for respondents.
Ginarte Gallardo Gonzalez & Winograd LLP, New York (Timothy Norton of counsel), for appellants.
Ford Marrin Esposito Witmeyer & Gleser, LLP, New York (Caroline McKenna of counsel), for respondents.
Gische, J.P., Webber, Kern, Singh, JJ.
Appeal from order, Supreme Court, Bronx County (Fernando Tapia, J.), entered August 27, 2018, to the extent it denied plaintiffs' motion to renew an order, same court and Justice, entered September 19, 2017, which granted defendants' motions to dismiss the complaint, unanimously dismissed, without costs.
Plaintiffs are precluded from pursuing this appeal from the denial of the motion to renew, since they did not perfect their prior appeal from the motion to dismiss ( Rivera v. Ayala, 95 A.D.3d 622, 622–623, 944 N.Y.S.2d 123 [1st Dept. 2012] ; Pier 59 Studios, L.P. v. Chelsea Piers, L.P., 40 A.D.3d 363, 366, 836 N.Y.S.2d 68 [1st Dept. 2007] ).
Even if we were to consider plaintiffs' appeal, we would conclude that the motion court did not abuse its discretion in denying the motion for renewal. The alleged new information was submitted in further support of the motion to dismiss the complaint and plaintiffs did not proffer a reasonable justification for failing to present it on the prior motion to reargue ( Farahmand v. Dalhousie Univ., 96 A.D.3d 618, 619, 947 N.Y.S.2d 459 [1st Dept. 2012] ; CPLR 2221[e] ).