Free Enforcement Order #1 - New York

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------------X

Plaintiff, -againstDefendant. ------------------------------------------------------------------X J.:

Index No.:

REARGUMENT ORDER

Plaintiff / Defendant moves to reargue this court's prior order dated provides, in relevant part, . The plaintiff / defendant opposes the motion.

which

CPLR §2221 governs motions affecting prior orders. In this case, plaintiff / defendant seeks to reargue the court's order. A motion to reargue seeks to convince the court that it overlooked or misapprehended relevant facts or misapplied relevant law. Its purpose is not to permit a party to reargue once again the very questions the court has already decided. Foley v. Roche, 68 A.D.2d 558 (1st Dept. 1979). In the present case, the plaintiff / defendant fails to establish that the court has overlooked or misapprehended relevant facts or misapplied relevant law. Accordingly, plaintiff / defendant's motion is denied. All matters not decided herein are hereby denied. This constitutes the decision and order of the court.

Dated:

Justice Supreme Court

Reargument Order September 2004