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Passeri v. Children's Village

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 366 (N.Y. App. Div. 2000)

Opinion

Submitted October 25, 2000.

November 21, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered December 15, 1999, which denied their motion, denominated as a motion to renew, but which was in fact for reargument, of a prior motion by the defendant Greenburgh 11 Union Free School District for summary judgment dismissing the complaint insofar as asserted against it, which was granted by order of the same court entered May 4, 1998.

Arnold I. Bernstein, White Plains, N.Y. (John T. Wissell of counsel), for appellants.

Jones Hirsch Connors Bull, P.C., New York, N.Y. (William E. Bell and Jeremy D. Platek of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The Supreme Court correctly determined that the plaintiffs' motion, denominated as a motion to renew, was, in fact, a motion for reargument (see, Lowensohn v. Bedford Garden Caterers, 266 A.D.2d 266). No appeal lies from an order denying reargument (see, Haggerty v. Agawan Realty, 271 A.D.2d 408).


Summaries of

Passeri v. Children's Village

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 2000
277 A.D.2d 366 (N.Y. App. Div. 2000)
Case details for

Passeri v. Children's Village

Case Details

Full title:DARRELL PASSERI, ET AL., APPELLANTS, v. CHILDREN'S VILLAGE, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 2000

Citations

277 A.D.2d 366 (N.Y. App. Div. 2000)
716 N.Y.S.2d 334

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