Chen v. Nassimi

236 A.D.2d 230, 654 N.Y.S.2d 284, 1997 N.Y. App. Div. LEXIS 897

Opinion

—Appeal from order, Supreme Court, New York County (Edward Lehner, J.), entered May 10, 1995, which denied plaintiffs motion to renew and reargue plaintiffs motion to vacate a stipulation of discontinuance, unanimously dismissed, without costs.

Since plaintiffs motion was, in essence, a motion for reargument only, the order denying the motion is nonappealable (Amankwa v New York City Hous. Auth, 224 AD2d 262). Were we not dismissing this appeal, we would affirm. To the extent that plaintiffs motion could be deemed a motion to renew, we agree with the court that plaintiff failed to offer a valid excuse for not submitting the deposition transcript, which was submitted in lieu of an affidavit of merit, on the original motion (see, Mangine v Keller, 182 AD2d 476). Concur—Wallach, J. P., Nardelli, Williams and Tom, JJ.