Opinion
2017–03393 2017–06417 Index No. 606783/15
05-06-2020
METRO–GEM LEASING & FUNDING CORP., respondent, v. DANCY AUTO GROUP, LLC, et al., defendants, John Carey, appellant.
Krantz & Berman, LLP, New York, NY (Larry H. Krantz of counsel), for appellant. Paul J. Solda, New York, NY, for respondent.
Krantz & Berman, LLP, New York, NY (Larry H. Krantz of counsel), for appellant.
Paul J. Solda, New York, NY, for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER
In an action to recover on a personal guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant John Carey appeals from (1) an order of the Supreme Court, Nassau County (Vito M. DeStefano, J.), entered March 6, 2017, and (2) an order of the same court dated May 26, 2017. The order entered March 6, 2017, granted the plaintiff's motion for summary judgment in lieu of complaint. The order dated May 26, 2017, denied that defendant's motion, in effect, for leave to reargue his opposition to the plaintiff's prior motion.
ORDERED that the appeals from the orders are dismissed, without costs or disbursements.
The appeal from the order entered March 6, 2017, must be dismissed because the right of direct appeal therefrom terminated with the entry of the final judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1] ; see Metro–Gem Leasing & Funding Corp. v. Dancy Auto Group, LLC, 123 N.Y.S.3d 617, 183 A.D.3d 611 [Appellate Division Docket No. 2018–04132 ; decided herewith] ).
The appeal from the order dated May 26, 2017, must be dismissed because no appeal lies from an order denying reargument (see Burlington Ins. Co. v. Pinnacle Demolition on Envtl. Servs. Corp., 176 A.D.3d 1026, 1026, 113 N.Y.S.3d 99 ; DeFreitas v. Bd. of Educ. of City of Mount Vernon Dist. No. 416, 129 A.D.2d 672, 673, 514 N.Y.S.2d 433 ).
SCHEINKMAN, P.J., MASTRO, CHRISTOPHER and WOOTEN, JJ., concur.