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Falci v. Battista

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 364 (N.Y. App. Div. 1997)

Opinion

June 2, 1997

Appeal from the Supreme Court, Kings County (I. Aronin, J.).


Ordered that the appeal is dismissed, with costs.

The record discloses that the defendant's motion, brought by order to show cause dated April 25, 1996, and denominated as one to vacate a judgment entered upon his default in appearing at trial, is in substance a motion for reargument of his prior application to vacate the judgment. As the denial of a motion for reargument is not appealable (see, Vazem Corp. T/A Paradise Caterers v. Sea Sky Garden, 183 A.D.2d 710; Matter of Dowling v. Bowen, 53 A.D.2d 862), the appeal must be dismissed (see, Fahey v. County of Nassau, 111 A.D.2d 214).

Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.


Summaries of

Falci v. Battista

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 1997
240 A.D.2d 364 (N.Y. App. Div. 1997)
Case details for

Falci v. Battista

Case Details

Full title:VINCENT FALCI, Respondent, v. JOSEPH BATTISTA, Appellant

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

Date published: Jun 2, 1997

Citations

240 A.D.2d 364 (N.Y. App. Div. 1997)
658 N.Y.S.2d 1015

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