Doc Realty Mgt. Inc. v Morales (2024 NY Slip Op 51647(U))
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Doc Realty Mgt. Inc. v Morales
2024 NY Slip Op 51647(U) [84 Misc 3d 1239(A)]
Decided on November 25, 2024
Civil Court Of The City Of New York, Queens County
Sanchez, J.
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on November 25, 2024
Civil Court of the City of New York, Queens County
Doc Realty
Management Inc., Petitioner(s),
against
Jasmin Morales, HENRY GERMAN,
"John" "Doe",
"Jane" "Doe", Respondent(s),
Index No. LT-304022-24/QU
Enedina Pilar Sanchez, J.
Recitation, as required by CPLR 2219(a), of the papers considered in the review of
this motion:
Papers Numbered
Order to show Cause/ Notice of Motion and Affidavits
/Affirmations annexed 1
Answering Affidavits/ Affirmations 2
This holdover
proceeding was dismissed pursuant to the Decision/Order of September 3, 2024,
NYSCEF Doc. No. 14. Petitioner, by notice of motion, now moves for leave to reargue
and upon the reargument for an order vacating the dismissal of the petition, or
alternatively, leave to amend its pleading, append, or incorporate information in the
petition.
Leave to reargue is governed by CPLR Rule 2221(d), it provides: 1) the motion shall
be identified specifically as such; 2) shall be based upon matters of fact or law allegedly
overlooked or misapprehended by the court in determining the prior motion, but shall not
include any matters of fact not offered on the prior motion; and 3) shall be made within
thirty days after service of a copy of the order determining the prior motion and written
notice of its entry.
The determination of whether to grant leave to reargue lies within the sound