Opinion
May 31, 1994
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the appeal from so much of the order dated December 8, 1992, as denied the defendants' motions for reargument is dismissed since no appeal lies from the denial of reargument; and it is further,
Ordered that the order dated December 8, 1992, is otherwise affirmed; and it is further,
Ordered that the order dated February 6, 1992, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
Contrary to the defendants' contention, no triable issue of fact exists with regard to the defendants' liability (see, Cummins v. Rose, 185 A.D.2d 839). The Supreme Court correctly determined that the defendant Daniel C. Myers' conduct was the sole cause of the accident that caused the plaintiffs' injuries, and it properly denied the defendants leave to assert a counterclaim for contribution.
The appeal from the denial of reargument must be dismissed since no appeal lies from an order denying reargument (see, Savory v. Romex Realty Corp., 194 A.D.2d 601).
We have examined the defendants' remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.