Opinion
03-31-2015
Levar T. HENRY, Plaintiff–Appellant, v. CITY OF NEW YORK, et al., Defendants–Respondents.
Tracie A. Sundack & Associates, L.L.C., White Plains (Jeffrey R. Pollack of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.
Tracie A. Sundack & Associates, L.L.C., White Plains (Jeffrey R. Pollack of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondent.
Opinion Appeal from order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 25, 2013, which denied plaintiff's motion to reargue the denial of his motion for a default judgment against defendant Captain “John” Cruz, unanimously dismissed, without costs, as taken from a nonappealable order.
Plaintiff designated the motion that resulted in the order appealed from as one for reargument, set forth the standard for a motion to reargue in his motion papers, and did not present any new facts on the motion. The court unambiguously denied the request for reargument, and it is well established that no appeal lies from an order denying reargument (see e.g. Cangro v. Park S. Towers Assoc., 123 A.D.3d 602, 996 N.Y.S.2d 914 [1st Dept.2014] ; D & A
Constr., Inc. v. New York City Hous.
Auth., 105 A.D.3d 464, 963 N.Y.S.2d 172 [1st Dept.2013] ).
FRIEDMAN, J.P., RENWICK, MOSKOWITZ, RICHTER, CLARK, JJ., concur.