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Fontanez v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 218 (N.Y. App. Div. 2005)

Opinion

7350.

December 13, 2005.

Appeal from order, Supreme Court, Bronx County (Howard Silver, J.), entered June 8, 2005, which denied plaintiff's motion for reargument, unanimously dismissed, without costs, as taken from a nonappealable paper.

Before: Mazzarelli, J.P., Saxe, Friedman, Sullivan and Williams, JJ., concur.


The motion court correctly determined that since the issues raised in plaintiff's present motion had been previously litigated and decided, and since plaintiff did not submit any new or additional facts not before the court on the prior occasion, plaintiff's motion, although denominated as one for both reargument and renewal, was, in essence, a motion to reargue. The motion was denied as such, and it is well settled that orders denying reargument are not appealable ( see e.g. Rosen v. Rosenholc, 303 AD2d 230).


Summaries of

Fontanez v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 218 (N.Y. App. Div. 2005)
Case details for

Fontanez v. St. Barnabas Hospital

Case Details

Full title:DAVID FONTANEZ, Appellant, v. ST. BARNABAS HOSPITAL et al., Respondents…

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

Date published: Dec 13, 2005

Citations

24 A.D.3d 218 (N.Y. App. Div. 2005)
804 N.Y.S.2d 923

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