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Silberman v. Kennedy Furniture Outlet

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 455 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Nassau County (Kutner, J.).


Ordered that the appeal from so much of the order as denied the cross motion for reargument is dismissed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

Under these circumstances, where a Supreme Court order dated August 24, 1992, precluded the plaintiff from offering any evidence at trial, an order granting the defendant summary judgment dismissing the complaint was proper.

The plaintiff's cross motion must be considered one to reargue rather than one to renew, because the plaintiff presented no new facts which existed at the time of the original motion but which for some reason were not known to him (see, Federal Home Loan Mtge. Corp. v. Green, 215 A.D.2d 433; Caffee v. Arnold, 104 A.D.2d 352). No appeal lies from an order denying a cross motion to reargue (see, Adams v. Berkowitz, 212 A.D.2d 557). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.


Summaries of

Silberman v. Kennedy Furniture Outlet

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 455 (N.Y. App. Div. 1995)
Case details for

Silberman v. Kennedy Furniture Outlet

Case Details

Full title:CRAIG SILBERMAN, Appellant, v. KENNEDY FURNITURE OUTLET, Respondent

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 455 (N.Y. App. Div. 1995)
628 N.Y.S.2d 391