Kagan v. Alpert

Appellate Division of the Supreme Court of New York

Kagan v. Alpert

109 A.D.2d 910, 486 N.Y.S.2d 1010, 1985 N.Y. App. Div. LEXIS 47441

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

DecidedMarch 4, 1985

StatusPublished

Cited by1 cases

This text of 109 A.D.2d 910 (Kagan v. Alpert) 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

Kagan v. Alpert, 109 A.D.2d 910, 486 N.Y.S.2d 1010, 1985 N.Y. App. Div. LEXIS 47441 (N.Y. Ct. App. 1985).

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Opinion

— Motion to dismiss appeal granted, without costs. We are of the view that plaintiffs’ motion was actually one for reargument, not renewal, since plaintiffs failed to present any additional material facts which existed at the time the prior motions were made but were not then known to the plaintiffs (see, Smith v Smith, 97 AD2d 932). Since the denial of a motion for reargument is not appealable, the appeal must be dismissed (see, Roy v National Grange Mut. Ins. Co., 85 4-D2d 832). Kane, J. P., Main, Casey, Mikoll and Levine, JJ., concur.

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— Motion to dismiss appeal granted, without costs. We are of the view that plaintiffs’ motion was actually one for reargument, not renewal, since plaintiffs failed to present any additional material facts which existed at the time the prior motions were made but were not then known to the plaintiffs (see, Smith v Smith, 97 AD2d 932). Since the denial of a motion for reargument is not appealable, the appeal must be dismissed (see, Roy v National Grange Mut. Ins. Co., 85 4-D2d 832). Kane, J. P., Main, Casey, Mikoll and Levine, JJ., concur.

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Bluebook (online)

109 A.D.2d 910, 486 N.Y.S.2d 1010, 1985 N.Y. App. Div. LEXIS 47441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kagan-v-alpert-nyappdiv-1985.

Opinion

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