The Appellate Division unanimously reversed, on the law and the facts, with costs, the Order which granted defendant's motion for reargument, and, upon reargument, directed the Clerk to vacate the money judgment in plaintiffs' favor and to dismiss the action with prejudice The Appellate Division denied the motion, and directed the Clerk to reinstate the money judgment. The court improvidently exercised its discretion in granting defendant's motion for reargument, pursuant to CPLR 2221[d]. A motion for reargument must be based on matters of fact or law allegedly overlooked or misapprehended by the court in determining the prior motion. Here, there was no prior motion to be reargued. Neither did the court overlook or misapprehend anything in its prior ruling or the resulting judgment, which entailed a straightforward mathematical calculation to arrive at the amount owing to plaintiffs under the loan. The Appellate Division said that it seemed that defendant's arguments in support of the motion were directed at undermining and circumventing its decision in a prior appeal, rather than at genuine reargument
Neo Universe Inc. v. Ito, NY Slip Op 00026 (1st Dep't January 5, 2021)
