Yan v. Klein

Appellate Division of the Supreme Court of New York

Yan v. Klein

266 A.D.2d 209, 696 N.Y.S.2d 900, 1999 N.Y. App. Div. LEXIS 11095

Appellate Division of the Supreme Court of the State of New York·Decided November 1, 1999·Published·Cited by 2 cases

Opinion

—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated October 20, 1998, which denied his motion, in effect, for reargument of an oral decision of the same court, dated September 25, 1998, which determined, following an inquest at which he failed to prove his damages, that the complaint must be dismissed.

Ordered that the appeal is dismissed, with costs to the respondent, as no appeal lies from an order denying reargument of a decision (see, De Falco v JRS Confectionary, 118 AD2d 752). O’Brien, J. P., Ritter, Santucci and Altman, JJ., concur.

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—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated October 20, 1998, which denied his motion, in effect, for reargument of an oral decision of the same court, dated September 25, 1998, which determined, following an inquest at which he failed to prove his damages, that the complaint must be dismissed.

Ordered that the appeal is dismissed, with costs to the respondent, as no appeal lies from an order denying reargument of a decision (see, De Falco v JRS Confectionary, 118 AD2d 752). O’Brien, J. P., Ritter, Santucci and Altman, JJ., concur.

Yan v. Klein, 266 A.D.2d 209, 696 N.Y.S.2d 900, 1999 N.Y. App. Div. LEXIS 11095 (N.Y. Ct. App. 1999).

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