In this contested accounting proceeding, Nicholas Perosi, Trustee of the LiGreci Irrevocable Insurance Trust under Agreement dated November 5, 1991, 11/5/91 (“Objectant”), filed a motion for leave to reargue, pursuant to CPLR 2221(d), the decision of this Court dated March 23, 2017. John T. LiGreci (“Petitioner”) has filed a cross-motion for leave to reargue pursuant to CPLR 2221. Additionally, petitioner’s relief seeks that objectant’s motion be dismissed.PROCEDURAL HISTORYThe decision of this Court dated March 23, 2017 ruled on a pending accounting proceeding and directed the parties to submit a decree on notice. Subsequent to the Court’s March 23, 2017 decision, but prior to the submission of a decree, these pending motions were filed. The Court, via decision and order dated February 5, 2018, deferred decision on the motions pending the submission of the decrees as directed with the March 23, 2017 decision.The parties thereafter proceeded to submit respective decrees and the matter was restored to the Court’s calendar of May 2, 2018. Counsel for objectant and petitioner appeared on May 2, 2018 and consented on the record to proceed with the decree as submitted by the petitioner. Subsequently, the decree was signed by this Court on June 4, 2018. The court will now address the motions below.DISCUSSIONA motion seeking leave to reargue is within the court’s discretion and to succeed “the moving party must demonstrate that the court overlooked or misapprehended the relevant facts of misapplied a controlling principal of law, Robinson v. Viani, 140 AD3d 845. Re-argument is not designed to afford the unsuccessful party successive opportunities to reargue issues previously decided or to present arguments different from those originally asserted, William P. Pahl Equip. Corp. v. Kassis, 182 AD2d 22.A. OBJECTANT’S MOTIONObjectant argues that the court overlooked the post-trial memorandum’s argument regarding billing for a matter that was not before this Court. Specifically, that the billing was for a matter in Richmond County Supreme Court and captioned as Linda Perosi as Executrix of the Estate of Nicholas LiGreci, deceased v. John T. LiGreci and Gary J. LiGreci. Objectant limits their motion to this point and requests that the fees granted for petitioner’s legal fees be reduced from $44,924.00 to $37,564.00. Upon review of all papers submitted and oral argument, the court grants re-argument and amends its decisions dated March 23, 2017 and June 4, 2018 to reflect a reduction of petitioner’s legal fees from $44,924.00 to $38,172.00.PETITIONER’S CROSS-MOTIONUpon review of all papers submitted and oral argument, the petitioner’s cross-motion is denied in its entirety. No showing has been made that the Court overlooked any material fact or misapprehended the controlling law (2A Weinstein-Korn-Miller, NY Civil Practice, par 2221.04).This decision shall constitute the Order of the Court.Dated: July 17, 2018
