Steinberg v. Koretz

Appellate Division of the Supreme Court of New York

Steinberg v. Koretz

147 A.D.2d 554, 538 N.Y.S.2d 492, 1989 N.Y. App. Div. LEXIS 1626

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

DecidedFebruary 14, 1989

StatusPublished

Cited by1 cases

This text of 147 A.D.2d 554 (Steinberg v. Koretz) 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

Steinberg v. Koretz, 147 A.D.2d 554, 538 N.Y.S.2d 492, 1989 N.Y. App. Div. LEXIS 1626 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Nassau County (Balletta, J.), dated October 8, 1987, which denied his motion for leave to resettle, renew and reargue a prior order denying his application to vacate a judgment dismissing the complaint upon his default.

Ordered that the appeal is dismissed, with one bill of costs.

A review of the record reveals that the plaintiff’s motion, although denominated one for resettlement, renewal and reargument, was actually a motion for reargument only. Accordingly, the instant appeal must be dismissed, as no appeal lies from the denial of reargument (Zeldin v Village of E. Hampton, 141 AD2d 631). Mollen, P. J., Mangano, Brown and Sullivan, JJ., concur.

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— In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Nassau County (Balletta, J.), dated October 8, 1987, which denied his motion for leave to resettle, renew and reargue a prior order denying his application to vacate a judgment dismissing the complaint upon his default.

Ordered that the appeal is dismissed, with one bill of costs.

A review of the record reveals that the plaintiff’s motion, although denominated one for resettlement, renewal and reargument, was actually a motion for reargument only. Accordingly, the instant appeal must be dismissed, as no appeal lies from the denial of reargument (Zeldin v Village of E. Hampton, 141 AD2d 631). Mollen, P. J., Mangano, Brown and Sullivan, JJ., concur.

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Bluebook (online)

147 A.D.2d 554, 538 N.Y.S.2d 492, 1989 N.Y. App. Div. LEXIS 1626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinberg-v-koretz-nyappdiv-1989.

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