Opinion
2002-05861
Argued March 20, 2003.
April 28, 2003.
In an action, inter alia, to recover damages for personal injuries, the defendant Mario Rappa appeals from an order of the Supreme Court, Queens County (Milano, J.), dated May 17, 2002, which denied his motion, denominated as one for summary judgment, but which was, in effect, for reargument of his prior motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Purcell Ingrao, P.C., Mineola, N.Y. (Ralph P. Franco, Jr., of counsel), for appellant.
Norman Volk Associates, P.C., New York, N.Y. (Holly E. Peck of counsel), for defendant-respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument.
The second summary judgment motion of the defendant Mario Rappa violated the general proscription against successive summary judgment motions absent "a showing of newly discovered evidence or other sufficient cause" (Marine Midland Bank v. Fisher, 85 A.D.2d 905, 906; see Davidson Metals Corp. v. Marlo Dev. Co., 262 A.D.2d 599; Taylor v. Brooklyn Hosp., 187 A.D.2d 714). Rappa disavowed any claim that his motion was based upon newly discovered evidence and relied instead upon a showing of sufficient cause. However, the grant of summary judgment to a codefendant based upon different evidence (see Lapadula v. Sang Shing Kwok, 295 A.D.2d 406; Acampora v. Davis, 203 A.D.2d 399) is not sufficient cause upon which to bring a successive motion for summary judgment. Thus, Rappa's motion, although denominated as one for summary judgment, was, in effect, a motion for reargument, the denial of which is not appealable (see e.g. Sallusti v. Jones, 273 A.D.2d 293, 294; Bossio v. Fiorillo, 222 A.D.2d 476, 477).
FLORIO, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.