Kagan v. Alpert
109 A.D.2d 910, 486 N.Y.S.2d 1010, 1985 N.Y. App. Div. LEXIS 47441
Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1985·Published·Cited by 1 cases
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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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).
109 A.D.2d 910 (Kagan v. Alpert) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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