Esgro Capital Management LLC v. Banks

Lack of Renewal, Affidavit Allows Court to Uphold Previous Decision

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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 Reply Affidavits/ Affirmations 3 Memoranda of Law Other Papers in Motion Seq. No. 003 4 Decision / Order Upon the foregoing cited papers, the Decision/Order of the Court is as follows: Plaintiff’s motion for leave to reargue the Court’s decision and order dated March 5, 2024 is granted to the extent of granting leave to reargue Motion Seq. No. 003 and, upon reargument, adheres to the Court’s prior order. Further, defendant’s motion for an order of restitution is granted in part and denied in part, in the manner and for the reasons set forth below. The facts of the parties’ dispute have been well-described in the four prior opinions filed in this action by the Court (Parker-Raso and Gingold, JJ.), the Appellate Term, First Department, and the Appellate Division, First Department. See, Esgro Capital Mgt. LLC v. Banks, 2020 NY. Misc. LEXIS 52174 (Civ. Ct., New York Co. Dec. 7, 2020), stay pending app. denied, 2021 N.Y. Misc. LEXIS 74587 (Civ. Ct, New York Co. Dec. 3, 2021), affd., 75 Misc. 3d 134(A) (App. Term, 1st Dept. 2022), revd., 222 A.D.3d 433 (1st Dept. 2023). The Court will not further belabor them here except where expressly necessary. In seeking leave to reargue, plaintiff asserts that the Court misapprehended the nature of the Appellate Division’s mandate remanding this action for further proceedings (Aff. in Supp. of Reargument,

14 and 19). In particular, plaintiff argues that the Court did not adequately consider defendant’s potential waiver of jurisdiction by her alleged knowing acquiescence to wage garnishment to satisfy the default judgment in this action before scheduling a traverse hearing. (Aff. in Supp. of Reargument,

Esgro Capital Management LLC v. Banks

Lack of Renewal, Affidavit Allows Court to Uphold Previous Decision

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