Callahan v.Wagner

Appellate Division of the Supreme Court of New York

Callahan v.Wagner

172 A.D.2d 477, 568 N.Y.S.2d 332, 1991 N.Y. App. Div. LEXIS 4407

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1991·Published

Opinion

In an action to enjoin the defendant Roberta Nolan from maintaining a trailer on her real property, Robert Stanley, who is not a party, appeals from an order of the Supreme Court, Orange County (Hickman, J.), dated August 29, 1989, which dismissed his motion to reargue a prior motion to vacate a judgment dated October 21, 1986, which resulted in an order of the same court dated January 24, 1989.

[478]*478Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that no appeal lies from an order denying or dismissing a motion to reargue (see, Fahey v County of Nassau, 111 AD2d 214; Vicat v Jamaica Hosp. 110 AD2d 896; Alessi v County of Nassau, 100 AD2d 561). Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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In an action to enjoin the defendant Roberta Nolan from maintaining a trailer on her real property, Robert Stanley, who is not a party, appeals from an order of the Supreme Court, Orange County (Hickman, J.), dated August 29, 1989, which dismissed his motion to reargue a prior motion to vacate a judgment dated October 21, 1986, which resulted in an order of the same court dated January 24, 1989.

[478]*478Ordered that the appeal is dismissed, without costs or disbursements.

It is well settled that no appeal lies from an order denying or dismissing a motion to reargue (see, Fahey v County of Nassau, 111 AD2d 214; Vicat v Jamaica Hosp. 110 AD2d 896; Alessi v County of Nassau, 100 AD2d 561). Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

Callahan v.Wagner, 172 A.D.2d 477, 568 N.Y.S.2d 332, 1991 N.Y. App. Div. LEXIS 4407 (N.Y. Ct. App. 1991).

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Opinion

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