Simons v. Ross

Appellate Division of the Supreme Court of New York

Simons v. Ross

5 A.D.3d 298, 773 N.Y.S.2d 873, 2004 N.Y. App. Div. LEXIS 3459

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 2004·Published

Opinion

Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about February 13, 2003, which denied plaintiffs motion to reargue a prior order, same court and Justice, entered on or about April 2, 2002, unanimously dismissed, without costs.

No appeal lies from an order denying reargument (Deshler v East W. Renovators, 259 AD2d 351 [1999]). We note that the underlying April 2, 2002 order, which directed entry of judgment, was affirmed by this Court in October 2003 (309 AD2d 667 [2003]). Concur—Buckley, P.J., Nardelli, Saxe and Marlow, JJ.

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Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about February 13, 2003, which denied plaintiffs motion to reargue a prior order, same court and Justice, entered on or about April 2, 2002, unanimously dismissed, without costs.

No appeal lies from an order denying reargument (Deshler v East W. Renovators, 259 AD2d 351 [1999]). We note that the underlying April 2, 2002 order, which directed entry of judgment, was affirmed by this Court in October 2003 (309 AD2d 667 [2003]). Concur—Buckley, P.J., Nardelli, Saxe and Marlow, JJ.

Simons v. Ross, 5 A.D.3d 298, 773 N.Y.S.2d 873, 2004 N.Y. App. Div. LEXIS 3459 (N.Y. Ct. App. 2004).

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Opinion

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