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Citibank (SD) N.A. v. Goetz

Appellate Term of the Supreme Court of New York, Second Department
Mar 8, 2010
2010 N.Y. Slip Op. 50386 (N.Y. App. Term 2010)

Opinion

2009-1099 S C.

Decided March 8, 2010.

Appeal from an order of the District Court of Suffolk County, Fourth District (Kevin J. Crowley, J.), entered May 1, 2009. The order denied defendant's motion for leave to reargue a prior motion.

ORDERED that the appeal is dismissed.

PRESENT: NICOLAI, P.J., TANENBAUM and MOLIA, JJ.


In this action to recover the principal sum of $5,806.96 for breach of a credit card agreement, plaintiff moved for summary judgment, which motion was granted on defendant's default. After defendant's motion to open his default was denied, defendant moved for leave to reargue. The District Court denied defendant's motion for leave to reargue, following which defendant again moved for leave to reargue. The order from which this appeal ensued denied defendant's second motion for leave to reargue. Defendant's appeal must be dismissed, as no appeal lies from an order denying a motion for leave to reargue ( see Andre v City of New York, 47 AD3d 605).

Nicolai, P.J., and Tanenbaum, J., concur.

Molia, J., taking no part.


Summaries of

Citibank (SD) N.A. v. Goetz

Appellate Term of the Supreme Court of New York, Second Department
Mar 8, 2010
2010 N.Y. Slip Op. 50386 (N.Y. App. Term 2010)
Case details for

Citibank (SD) N.A. v. Goetz

Case Details

Full title:CITIBANK (SOUTH DAKOTA) N.A., Respondent, v. STEPHEN B. GOETZ, Appellant

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

Date published: Mar 8, 2010

Citations

2010 N.Y. Slip Op. 50386 (N.Y. App. Term 2010)
907 N.Y.S.2d 436