G.R.K. Realty Corp. v. Tischfeld

Appellate Division of the Supreme Court of New York

G.R.K. Realty Corp. v. Tischfeld

264 A.D.2d 708, 695 N.Y.S.2d 303, 1999 N.Y. App. Div. LEXIS 9049

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

DecidedSeptember 13, 1999

StatusPublished

Cited by1 cases

This text of 264 A.D.2d 708 (G.R.K. Realty Corp. v. Tischfeld) 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.

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G.R.K. Realty Corp. v. Tischfeld, 264 A.D.2d 708, 695 N.Y.S.2d 303, 1999 N.Y. App. Div. LEXIS 9049 (N.Y. Ct. App. 1999).

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Opinion

In an action to foreclose a mortgage, the defendant Charles Rizzo appeals, as limited by his brief, from so [709]*709much of an order of the Supreme Court, Nassau County (Roberto, J.), dated June 25, 1998, as denied that branch of his motion which was to resettle the judgment of foreclosure dated May 23, 1995.

Ordered that the appeal is dismissed, without costs or disbursements.

An order denying a motion to resettle the substantive portions of a judgment or order is not appealable (see, Herzog v Town of Thompson, 251 AD2d 917, 919; Scopelliti v Scopelliti, 250 AD2d 752; EQK Green Acres v United States Fid. & Guar. Co., 248 AD2d 667). Accordingly, the appeal is dismissed. Man-gano, P. J., O’Brien, Sullivan and Goldstein, JJ., concur.

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In an action to foreclose a mortgage, the defendant Charles Rizzo appeals, as limited by his brief, from so [709]*709much of an order of the Supreme Court, Nassau County (Roberto, J.), dated June 25, 1998, as denied that branch of his motion which was to resettle the judgment of foreclosure dated May 23, 1995.

Ordered that the appeal is dismissed, without costs or disbursements.

An order denying a motion to resettle the substantive portions of a judgment or order is not appealable (see, Herzog v Town of Thompson, 251 AD2d 917, 919; Scopelliti v Scopelliti, 250 AD2d 752; EQK Green Acres v United States Fid. & Guar. Co., 248 AD2d 667). Accordingly, the appeal is dismissed. Man-gano, P. J., O’Brien, Sullivan and Goldstein, JJ., concur.

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Bluebook (online)

264 A.D.2d 708, 695 N.Y.S.2d 303, 1999 N.Y. App. Div. LEXIS 9049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grk-realty-corp-v-tischfeld-nyappdiv-1999.

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