A party is precluded from moving to vacate its default on grounds asserted in a prior motion that was denied, and from which no appeal was taken, or on grounds that were apparent when the party made the prior motion but which were not asserted therein.
A.G. Parker, Inc. v. 246 Rochester Partners, LLC, NY Slip Op 06711 (2d Dep't October 11, 2018)
Here is the decision.
