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Herman H. Schwartz, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 588 (N.Y. App. Div. 1991)

Opinion

April 8, 1991

Appeal from the Supreme Court, Queens County (Corrado, J.).


Ordered that the appeal is dismissed, with costs.

That branch of the plaintiff's motion which was purportedly for leave to "reargue, renew and rehear" was, in effect, only a request for reargument (see, Fucci v. Town of Oyster Bay, 170 A.D.2d 646; Quirindongo v. Quirindongo, 148 A.D.2d 516, 517; DeFreitas v. Board of Educ., 129 A.D.2d 672). Since no appeal lies from an order denying reargument, the plaintiff's appeal, which is limited to so much of the order as denied that branch of its motion which was for reargument, must be dismissed (see, Quirindongo v. Quirindongo, supra; DeFreitas v. Board of Educ., supra). Lawrence, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

Herman H. Schwartz, Inc. v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 588 (N.Y. App. Div. 1991)
Case details for

Herman H. Schwartz, Inc. v. City of New York

Case Details

Full title:HERMAN H. SCHWARTZ, INC., Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Apr 8, 1991

Citations

172 A.D.2d 588 (N.Y. App. Div. 1991)
568 N.Y.S.2d 145