Opinion
No. 570221/22
03-20-2023
Tamar Equities Corp., Plaintiff-Respondent, v. Joshua Van De Pol, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Shahabuddeen A. Ally, J.), entered May 6, 2022, which denied his motion for leave to reargue (denominated as a motion for leave to renew and reargue) a prior order of the same court and Judge, entered on or about December 21, 2021.
PRESENT: Tisch, J.P., Michael, James, JJ.
PER CURIAM.
Order (Shahabuddeen A. Ally, J.), entered May 6, 2022, dismissed, without costs, as nonappealable.
Inasmuch as no appeal lies from the denial of a motion to reargue (see Smith v Pereira, 176 A.D.3d 491, 492 [2019]) and no appeal has been taken from the original December 21, 2021 order granting, among other things, plaintiff's motion for summary judgment on liability, defendant's arguments addressed to that determination are not properly before us (see Stratakis v Ryjov, 66 A.D.3d 411, 411-412 [2009]).