Opinion
No. 570016/23
05-10-2023
Rachel Goetz, Plaintiff-Respondent, v. Norman Lewis Barotz as administrator of the Estate of Madelaine Shapiro, and Norman Barotz, Defendants-Appellants.
Unpublished Opinion
Defendants appeal from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), dated March 12, 2020, which denied defendant Shapiro's motion to reargue (denominated as one for reconsideration) a prior order denying her motion for summary judgment dismissing the claim and for judgment on the counterclaim.
PRESENT: Hagler, P.J., Tisch, Michael, JJ.
PER CURIAM.
Order (Debra Rose Samuels, J.), dated March 12, 2020, dismissed, without costs, as nonappealable.
Inasmuch as no appeal lies from the denial of a motion to reargue (see Smith v Pereira, 176 A.D.3d 491, 492 [2019]) and no appeal has been taken from the original October 2, 2019 order denying defendants' motion for summary judgment, defendants' arguments addressed to that determination are not properly before us (see Stratakis v Ryjov, 66 A.D.3d 411, 411-412 [2009]).
Defendants' remaining contentions are unavailing.