In re: 650 Fifth Avenue and Related Properties

Background

The Levins moved to reconsider the Court’s March 6, 2020 order granting the Judgment Creditors’ motion to withdraw the order of consolidation. They also moved to certify the consolidation issue for an interlocutory appeal, which is an appeal during an ongoing case rather than after final judgment.

Reconsideration motion

Under Local Civil Rule 6.3, a party seeking reconsideration must identify facts or controlling legal decisions that the Court overlooked. The Court explained that reconsideration is not an opportunity to argue again about issues already decided simply because the party disagrees with the result.

The Court found that the Levins had repeated the arguments made in the original motion and had not identified any overlooked facts or law. The Court therefore denied the Levins’ motion to reconsider.

Interlocutory-appeal certification

The Court also denied the Levins’ request for certification under 28 U.S.C. § 1292(b). The Court stated that decisions to grant or deny consolidation are within the Court’s discretion, so the Levins could not show a substantial ground for disagreement about the controlling legal issue. The Court further stated that the Judgment Creditors should not have to wait for an appeal before proceeding because the appeal had virtually no chance of success.

Disposition

The Court denied the motion to reconsider and denied the request to certify the issue for an interlocutory appeal.