Opinion
2018–12945 Index No. 50883/15
12-08-2021
Linda A. DAGNINO, plaintiff, v. KEY BANK, etc., appellant, Village of Red Hook, respondent, et al., defendant.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY (Louise M. Cherkis of counsel), for appellant.
Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY (Louise M. Cherkis of counsel), for appellant.
SYLVIA O. HINDS–RADIX, J.P., COLLEEN D. DUFFY, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant Key Bank appeals from an amended order of the Supreme Court, Dutchess County (Edward T. McLoughlin, J.), dated October 18, 2018. The amended order denied the motion of that defendant, denominated as one for leave to reargue and renew, but which was, in actuality, one for leave to reargue that branch of its prior motion which was for summary judgment on its cross claim for contractual indemnification against the defendant Village of Red Hook, which was denied in an order of the same court dated April 12, 2018.
ORDERED that the appeal is dismissed, without costs or disbursements.
Although the appellant characterizes its motion as one for leave to reargue and renew, that motion was not based upon new facts and was, therefore, a motion for leave to reargue, the denial of which is not appealable (see Olson v. Russell, 35 A.D.3d 684, 828 N.Y.S.2d 417 ). Accordingly, the appeal must be dismissed.
HINDS–RADIX, J.P., DUFFY, BARROS and CHRISTOPHER, JJ., concur.