Bellantoni v. Kelligrew

Appellate Division of the Supreme Court of New York

Bellantoni v. Kelligrew

26 A.D.3d 401, 808 N.Y.S.2d 903

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 2006·Published·Cited by 3 cases

Opinion

In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered February 28, 2005, which denied his motion for leave to reargue a prior order of the same court entered January 7, 2005, denying his motion for an inquest.

Ordered that the appeal is dismissed, with costs.

The appeal must be dismissed because no appeal lies from an order denying a motion to reargue (see Kisswani v Manikis, 303 AD2d 643, 644 [2003]; Frisenda v X Large Enters., 280 AD2d 514 [2001]; Sallusti v Jones, 273 AD2d 293, 294 [2000]). Schmidt, J.P., Mastro, Spolzino and Lunn, JJ., concur.

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In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered February 28, 2005, which denied his motion for leave to reargue a prior order of the same court entered January 7, 2005, denying his motion for an inquest.

Ordered that the appeal is dismissed, with costs.

The appeal must be dismissed because no appeal lies from an order denying a motion to reargue (see Kisswani v Manikis, 303 AD2d 643, 644 [2003]; Frisenda v X Large Enters., 280 AD2d 514 [2001]; Sallusti v Jones, 273 AD2d 293, 294 [2000]). Schmidt, J.P., Mastro, Spolzino and Lunn, JJ., concur.

Bellantoni v. Kelligrew, 26 A.D.3d 401, 808 N.Y.S.2d 903 (N.Y. Ct. App. 2006).

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26 A.D.3d 401 (Bellantoni v. Kelligrew) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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