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Cuebas v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 2005
24 A.D.3d 200 (N.Y. App. Div. 2005)

Opinion

7332.

December 8, 2005.

Appeal from order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about March 6, 2002, which, upon defendant's motion denominated one to renew and reargue a prior order of the same court (George Friedman, J.), entered July 30, 2001, which had granted plaintiffs' motion for a default judgment for failure of defendant to timely appear, treated the renewal/reargument motion as being solely for reargument and denied the motion, unanimously dismissed, without costs.

Before: Tom, J.P., Friedman, Nardelli, Sweeny and Malone, JJ., concur.


The court properly treated the motion as one for reargument only, and the court's denial of such motion is nonappealable (CPLR 5701 [a] [2] [viii]).


Summaries of

Cuebas v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 2005
24 A.D.3d 200 (N.Y. App. Div. 2005)
Case details for

Cuebas v. Smith

Case Details

Full title:LANCE R. CUEBAS, an Infant, by LUCRETIA RICHARDSON, His Mother and Natural…

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

Date published: Dec 8, 2005

Citations

24 A.D.3d 200 (N.Y. App. Div. 2005)
804 N.Y.S.2d 684

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