From Casetext: Smarter Legal Research

Samet v. Binson

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2009
67 A.D.3d 989 (N.Y. App. Div. 2009)

Opinion

No. 2007-10130.

November 24, 2009.

In an action to recover money owed, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated September 19, 2008, as denied that branch of his motion which was for leave to renew his prior motion to reject a referee's report of the same court (Archer, Ct. Atty. Ref), dated March 27, 2007, determining that service of process was not properly effected upon the defendant, which motion had been denied in an order dated September 10, 2007.

Sheldon H. Gopstein, New York, N.Y., for appellant-respondent.

Foreht Last Landau Katz, LLP, New York, N.Y. (Richard S. Last of counsel), for respondent-appellant.

Before: Mastro, J.P., Balkin, Dickerson and Lott, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the plaintiffs motion which was for leave to renew his prior motion to reject a referee's report because the plaintiff failed to provide a reasonable justification for his failure to present the new facts on his original motion ( see CPLR 2221 [e] [3]; Elder v Elder, 21 AD3d 1055; Morrison v Rosenberg, 278 AD2d 392).

In light of our determination, we need not reach the parties' remaining contentions.


Summaries of

Samet v. Binson

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2009
67 A.D.3d 989 (N.Y. App. Div. 2009)
Case details for

Samet v. Binson

Case Details

Full title:MICHAEL SAMET, as Executor of the Estate of ANDREW SAMET, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 2009

Citations

67 A.D.3d 989 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8804
888 N.Y.S.2d 752

Citing Cases

Yao Ping Tang v. Grand Estate, LLC

In addition, the appellants failed to present a potentially meritorious defense to the action ( see Fekete v…

Samet v. Binson

Both parties appealed from this order, which was affirmed by the Appellate Division (Samet v Binson, 67 AD3d…