Opinion
07-02-2015
Soledad DOMINGEZ, et al., Plaintiffs–Respondents, Elsia Vasquez, Plaintiff–Appellant, v. Ilan ZINNAR, et al., Defendants, Chase Group Alliance LLC, et al., Intervenors.
Collins, Dobkin & Miller LLP, New York (Timothy L. Collins of counsel), for appellant. Grimble & LoGuidice, LLC, New York (Robert Grimble of counsel), for respondents.
Collins, Dobkin & Miller LLP, New York (Timothy L. Collins of counsel), for appellant.
Grimble & LoGuidice, LLC, New York (Robert Grimble of counsel), for respondents.
Opinion Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about March 25, 2014, which, to the extent appealed from, granted plaintiffs-respondents' counsel's motion to confirm a referee's report setting a charging lien in favor of counsel, and denied plaintiff Vasquez's cross motion for renewal and reconsideration of counsel's prior motion for a charging lien, unanimously affirmed with respect to counsel's motion, and the appeal therefrom otherwise dismissed, without costs.
Vasquez's cross motion seeking renewal and reconsideration is deemed a motion to reargue, since Vasquez did not point to any new fact that would change the prior determination (see Pullman v. Silverman, 125 A.D.3d 562, 563, 5 N.Y.S.3d 38 [1st Dept.2015] ). Therefore, the denial of Vasquez's cross motion is not appealable (id. ).
The motion court providently exercised its discretion in confirming the Referee's report, as the report is supported by the record (Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., 11 N.Y.3d 843, 845, 873 N.Y.S.2d 239, 901 N.E.2d 732 [2008] ).
GONZALEZ, P.J., SWEENY, RENWICK, SAXE, FEINMAN, JJ., concur.