Opinion
2012-05-17
Bertha RAMOS, Plaintiff–Appellant,Paulina Ramos, Plaintiff, v. Teresa Lena NAPOLI, et al., Defendants–Respondents.
Wingate, Russotti & Shapiro, LLP, New York (Joseph P. Stoduto of counsel), for appellant. DeCicco, Gibbons & McNamara, P.C., New York (William A. Fitzgerald of counsel), for respondents.
Wingate, Russotti & Shapiro, LLP, New York (Joseph P. Stoduto of counsel), for appellant. DeCicco, Gibbons & McNamara, P.C., New York (William A. Fitzgerald of counsel), for respondents.
*884 Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 12, 2011, which, insofar as appealed from, in an action for personal injuries, denied the motion of plaintiff Bertha Ramos for summary judgment on the issue of liability and to dismiss defendants' affirmative defenses, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about January 23, 2012, denying plaintiff's motion to reargue, denominated as one to “renew and/or reargue,” unanimously dismissed, without costs, as taken from a nonappealable paper.
Supreme Court properly found that the parties' competing accounts raised multiple issues of fact precluding summary judgment.
Plaintiff did not offer any new or additional facts that would have changed the prior determination denying summary judgment. Therefore, the motion was, in essence, one to reargue, the denial of which is not appealable ( see e.g. Prime Income Asset Mgt., Inc. v. American Real Estate Holdings L.P., 82 A.D.3d 550, 551, 918 N.Y.S.2d 467 [2011], lv. denied 17 N.Y.3d 705, 2011 WL 2535253 [2011] ).