Born to Build, LLC v. Saleh

Appellate Division of the Supreme Court of New York

Born to Build, LLC v. Saleh

125 A.D.3d 709, 999 N.Y.S.2d 762

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 11, 2015

Docket2013-04764

StatusPublished

This text of 125 A.D.3d 709 (Born to Build, LLC v. Saleh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Born to Build, LLC v. Saleh, 125 A.D.3d 709, 999 N.Y.S.2d 762 (N.Y. Ct. App. 2015).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered February 25, 2013, as granted the motion of the nonparty Kamel Saleh for leave to reargue his prior motion, in effect, pursuant to CPLR 5239 to vacate certain executions and void certain levies upon three specified parcels of real property, which motion had been denied in an order of the same court entered December 1, 2011, and, upon reargument, granted those branches of the prior motion which were, in effect, pursuant to CPLR 5239 to vacate the executions and void the levies upon the subject parcels of real property located in Manhattan and Astoria, and (2) so much of an order of the same court, entered July 15, 2013, as denied its motion, in effect, pursuant to CPLR 2221 for leave to reargue its opposition to the motion of the nonparty Kamel Saleh for leave to reargue his prior motion, in effect, pursuant to CPLR 5239.

Ordered that the order entered February 25, 2013, is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the appeal from the order entered July 15, 2013, is dismissed, without costs or disbursements.

Under the circumstances presented in this case, the Supreme Court providently construed nonparty Kamel Saleh’s motion as one for reargument. Furthermore, because the evidence in the record supports the court’s determination on the merits, the court, upon granting reargument, providently modified its order entered December 1, 2011.

The appeal from the order entered July 15, 2013, must be dismissed because no appeal lies from an order denying reargument (see Poulard v Judkins, 102 AD3d 665, 666 [2013]).

Mastro, J.P., Chambers, Sgroi and Miller, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered February 25, 2013, as granted the motion of the nonparty Kamel Saleh for leave to reargue his prior motion, in effect, pursuant to CPLR 5239 to vacate certain executions and void certain levies upon three specified parcels of real property, which motion had been denied in an order of the same court entered December 1, 2011, and, upon reargument, granted those branches of the prior motion which were, in effect, pursuant to CPLR 5239 to vacate the executions and void the levies upon the subject parcels of real property located in Manhattan and Astoria, and (2) so much of an order of the same court, entered July 15, 2013, as denied its motion, in effect, pursuant to CPLR 2221 for leave to reargue its opposition to the motion of the nonparty Kamel Saleh for leave to reargue his prior motion, in effect, pursuant to CPLR 5239.