Henry v. City of New York

126 A.D.3d 648, 4 N.Y.S.3d 497, 2015 NY Slip Op 02701, 2015 N.Y. App. Div. LEXIS 2702

Opinion

Appeal from order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 25, 2013, which denied plaintiffs motion to reargue the denial of his motion for a default judgment against defendant Captain “John” Cruz, unanimously dismissed, without costs, as taken from a nonappealable order.

Plaintiff designated the motion that resulted in the order appealed from as one for reargument, set forth the standard for a motion to reargue in his motion papers, and did not present any new facts on the motion. The court unambiguously denied the request for reargument, and it is well established that no appeal lies from an order denying reargument (see e.g. Cangro v Park S. Towers Assoc., 123 AD3d 602 [1st Dept 2014]; D&A Constr., Inc. v New York City Hous. Auth., 105 AD3d 464 [1st Dept 2013]).

Concur — Friedman, J.P., Renwick, Moskowitz, Richter and Clark, JJ.