Continental Bank v. J.D.S. Vendor Services, Inc.

Appellate Division of the Supreme Court of New York

Continental Bank v. J.D.S. Vendor Services, Inc.

201 A.D.2d 527, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1254

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

DecidedFebruary 14, 1994

StatusPublished

Cited by3 cases

This text of 201 A.D.2d 527 (Continental Bank v. J.D.S. Vendor Services, Inc.) 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

Continental Bank v. J.D.S. Vendor Services, Inc., 201 A.D.2d 527, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1254 (N.Y. Ct. App. 1994).

Pincite

Opinion

In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated September 25, 1991, as denied its motion to vacate a judgment of the same court (Roberto, J.), entered February 21, 1991, treating it as a motion for leave to renew the plaintiffs motion for summary judgment.

Ordered that the appeal is dismissed, with costs.

The defendant’s motion, denominated as one to vacate a prior judgment of the same court and treated by the court as one for renewal of the plaintiffs summary judgment motion, was based on evidence which could have been raised at the time of the summary judgment motion. Since the defendant offered no excuse for its failure to present the evidence at that time, the motion was, in actuality, a motion to reargue the plaintiffs summary judgment motion, the denial of which is not appealable (see, Bartolo v South Nassau Communities Hosp., 198 AD2d 204; McElroy v Guida, 196 AD2d 859; Stein v County of Westchester, 172 AD2d 742). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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In an action to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated September 25, 1991, as denied its motion to vacate a judgment of the same court (Roberto, J.), entered February 21, 1991, treating it as a motion for leave to renew the plaintiffs motion for summary judgment.

Ordered that the appeal is dismissed, with costs.

The defendant’s motion, denominated as one to vacate a prior judgment of the same court and treated by the court as one for renewal of the plaintiffs summary judgment motion, was based on evidence which could have been raised at the time of the summary judgment motion. Since the defendant offered no excuse for its failure to present the evidence at that time, the motion was, in actuality, a motion to reargue the plaintiffs summary judgment motion, the denial of which is not appealable (see, Bartolo v South Nassau Communities Hosp., 198 AD2d 204; McElroy v Guida, 196 AD2d 859; Stein v County of Westchester, 172 AD2d 742). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

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Bluebook (online)

201 A.D.2d 527, 609 N.Y.S.2d 815, 1994 N.Y. App. Div. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-bank-v-jds-vendor-services-inc-nyappdiv-1994.

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