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Robert Lyons D'Andrea v. Coleman Hutchins

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 2010
69 A.D.3d 541 (N.Y. App. Div. 2010)

Opinion

January 28, 2010.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 9, 2008, to the extent it denied the part of plaintiffs motion that sought to renew defendant's prior motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appeal from that part of the order that denied plaintiffs motion for reargument, unanimously dismissed, as taken from a nonappealable paper.

Before: Mazzarelli, J.P., Sweeny, Moskowitz, Manzanet-Daniels and Román, JJ.


Plaintiff offered no new evidence in support of the part of his motion that sought renewal (CPLR 2221 [e] [2]; C.R. v Pleasantville Cottage School, 302 AD2d 259).

No appeal lies from the denial of a motion for reargument ( Parker v Marglin, 56 AD3d 374, 374-375).

Because he did not appeal from the order that granted defendant's motion for summary judgment dismissing the complaint, plaintiffs arguments addressed to that determination are not properly before us ( Matter of Gonzalez v New York City Clerk, 25 AD3d 389).


Summaries of

Robert Lyons D'Andrea v. Coleman Hutchins

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 2010
69 A.D.3d 541 (N.Y. App. Div. 2010)
Case details for

Robert Lyons D'Andrea v. Coleman Hutchins

Case Details

Full title:ROBERT LYONS D'ANDREA, Appellant, v. COLEMAN HUTCHINS, C.S.W., Respondent…

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

Date published: Jan 28, 2010

Citations

69 A.D.3d 541 (N.Y. App. Div. 2010)
892 N.Y.S.2d 761

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