Capdevila v. Capdevila

Summary

The New York Appellate Division, Second Department, affirmed an order denying the plaintiff’s motion concerning the equal allocation of approximately $7,500 in marital mortgage arrears. The court held that the motion did not provide a basis for renewal or reargument under CPLR 2221 and was properly denied insofar as it sought relief under CPLR 5015(a).

Holdings

1. A motion denominated as one for renewal or reargument provides no basis for such relief when it does not relate to a prior motion of the parties.
2. The denial of the plaintiff's request to vacate the portion of the September 26, 2023 order directing equal sharing of approximately $7,500 in marital debt was proper.
3. The plaintiff's remaining contention was not properly before the Appellate Division.

Questions Presented

1. Whether the plaintiff's motion could properly be treated as a motion for renewal or reargument under CPLR 2221 when it did not relate to a prior motion.
2. Whether the plaintiff was entitled to vacatur under CPLR 5015(a) of the portion of the prior order requiring equal sharing of the marital debt.
3. Whether the plaintiff's remaining contention was properly before the Appellate Division.

Disposition

affirmed