Tylman v. Yanoff

Summary

The New York Appellate Division, Second Department, dismissed the plaintiffs' appeal from the denial of reargument and affirmed the denial of renewal of their opposition to the defendants' CPLR 3211(a) motion to dismiss. The court held that the plaintiffs failed to provide a reasonable justification for not presenting the alleged new evidence earlier.

Holdings

1. No appeal lies from an order denying leave to reargue; the appeal from that portion of the order must therefore be dismissed.
2. Leave to renew was properly denied because plaintiffs failed to provide a reasonable justification for their failure to present the alleged new evidence on the original motion.

Questions Presented

1. Whether an appeal lies from an order denying leave to reargue.
2. Whether the Supreme Court properly denied leave to renew when plaintiffs failed to provide a reasonable justification for not presenting the alleged new evidence on the original motion.

Disposition

affirmed