Sheng v. Elite of N.Y. Cars, Ltd.

Full title: YITANG SHENG, Plaintiff-Appellant, v. ELITE OF NEW YORK CARS, LTD.…

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

Date published: Mar 30, 2005

2005 N.Y. Slip Op. 50412 (N.Y. App. Term 2005)

Opinion

571007/02.

Decided March 30, 2005.

Plaintiff appeals from an order of the Civil Court, New York County, entered November 28, 2003 (Eileen N. Nadelson, J.) which denied his motion to "clarify" a judgment of the same court and Judge entered June 20, 2002 in favor of defendant dismissing the action.

Appeal from order entered November 28, 2003 (Eileen N. Nadelson, J.) dismissed, without costs.

PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.

PER CURIAM:

Having exhausted his appellate remedies in unsuccessfully seeking to overturn the adverse judgment issued after trial ( see Sheng v. Elite of New York Cars, Ltd., 2003 NY Slip Op 51117[U], lv denied 2004 NY App Div LEXIS 169), plaintiff was not entitled to an "explanation" or clarification of the written decision underlying the judgment. In any event, plaintiff's motion to "clarify" is properly deemed one to resettle the judgment, the denial of which is not appealable ( see G.R.K. Realty Corp. v. Tischfeld, 264 AD2d 708).

This constitutes the decision and order of the court.