Opinion
14624 Index No. 27161/19 Case No. 2021-02123
11-16-2021
Esteban GIL–SORIANO, Plaintiff–Respondent, v. NORTHWIND, LLC, Defendant–Appellant.
Sobel Pevzner, LLC, New York (Daniel El Arnaouty of counsel), for appellant. Steven Adam Rubin & Associates, PLLC, New York (Steven Adam Rubin of counsel), for respondent.
Sobel Pevzner, LLC, New York (Daniel El Arnaouty of counsel), for appellant.
Steven Adam Rubin & Associates, PLLC, New York (Steven Adam Rubin of counsel), for respondent.
Manzanet–Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.
Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered December 16, 2020, which denied defendant's motion to vacate its default under CPLR 5015(a)(1) and/or CPLR 317, unanimously affirmed, without costs.
Defendant's motion, which was its second motion to vacate the same default, was properly denied as barred by the doctrine of law of the case (see Martin v. City of Cohoes, 37 N.Y.2d 162, 165, 371 N.Y.S.2d 687, 332 N.E.2d 867 [1975] ). Instead of appealing from the order that denied its first motion, defendant moved again to vacate its default, relying on nearly identical facts and arguments (see Colpitts v. Cascade Val. Land Corp., 145 A.D.2d 750, 751, 535 N.Y.S.2d 483 [3rd Dept. 1988] ). Even if, as defendant now argues, the court had deemed the second motion a motion for reargument ( CPLR 2221[d] ), that would not alter the result, since the denial of a motion for reargument is not appealable ( McCoy v. Metropolitan Transp. Auth., 75 A.D.3d 428, 430, 904 N.Y.S.2d 50 [1st Dept. 2010] ). Defendant's argument that this motion was a motion for renewal pursuant to CPLR 2221[e] is also unavailing.
In view of the foregoing, we need not reach defendant's arguments on the merits.