Metro-Gem Leasing & Funding Corp. v. Dancy Auto Group, LLC

2020 NY Slip Op 2641

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 6, 2020
• Docket: Index No. 606783/15
• Status: Published

Opinion

Metro-Gem Leasing & Funding Corp. v Dancy Auto Group, LLC (2020 NY Slip Op 02641)

Metro-Gem Leasing & Funding Corp. v Dancy Auto Group, LLC

2020 NY Slip Op 02641

Decided on May 6, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 6, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.

2017-03393
2017-06417
(Index No. 606783/15)

[*1]Metro-Gem Leasing & Funding Corp., respondent,

v

Dancy Auto Group, LLC, et al., defendants, John Carey, appellant.

Krantz & Berman, LLP, New York, NY (Larry H. Krantz of counsel), for appellant.

Paul J. Solda, New York, NY, for respondent.

DECISION & ORDER

In an action to recover on a personal guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant John Carey appeals from (1) an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered March 6, 2017, and (2) an order of the same court dated May 26, 2017. The order entered March 6, 2017, granted the plaintiff's motion for summary judgment in lieu of complaint. The order dated May 26, 2017, denied that defendant's motion, in effect, for leave to reargue his opposition to the plaintiff's prior motion.

ORDERED that the appeals from the orders are dismissed, without costs or disbursements.

The appeal from the order entered March 6, 2017, must be dismissed because the right of direct appeal therefrom terminated with the entry of the final judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]; see Metro-Gem Leasing & Funding Corp. v Dancy Auto Group, LLC, _____ AD3d _____ [Appellate Division Docket No. 2018-04132; decided herewith]).

The appeal from the order dated May 26, 2017, must be dismissed because no appeal lies from an order denying reargument (see Burlington Ins. Co. v Pinnacle Demolition on Envtl. Servs. Corp., 176 AD3d 1026, 1026; DeFreitas v Bd. of Educ. of City of Mount Vernon Dist. No. 416, 129 AD2d 672, 673).

SCHEINKMAN, P.J., MASTRO, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court