Opinion
1353, 1353A
June 10, 2003.
Judgment, Supreme Court, New York County (Herman Cahn, J.), entered November 13, 2002, awarding plaintiff $1,320,800, plus interest, costs and disbursements, and bringing up for review an order, same court and Justice, entered on or about November 12, 2002, which, insofar as reviewable, granted plaintiff's motion to enter judgment pursuant to this Court's remand, unanimously affirmed, with one bill of costs. Appeal from the aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.
Donald G. Davis, for plaintiff-respondent.
Andrew O. Bunn, for defendants-appellants.
Before: Nardelli, J.P., Tom, Andrias, Lerner, JJ.
We decline to review the denial of defendants' motions contained in the order and culminating in the judgment on appeal. Such motions, although denominated as ones for summary judgment, leave to amend the answer, and renewal of plaintiff's prior motion for summary judgment granted by this Court on a prior appeal ( 294 A.D.2d 308), were, in effect, for reargument of the previously reviewed prior motion, since they merely advanced a new theory as to why the parties' settlement agreement is unenforceable and not any new factual allegations or evidence (see Haberman v. Wright, 295 A.D.2d 142). In any event, were we to reach the merits, we would find no impermissible fee arrangement in either the parties' employment agreement or settlement agreement (see Atkins O'Brien v. ISS Intl. Serv. Sys., 252 A.D.2d 446). We have considered defendants' other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.