Thorn v. Sylvester

2 Citing cases

  1. In re Lesnick and Mazarin v. Carvalho

    299 A.D.2d 412 (N.Y. App. Div. 2002)

    Pascale successfully moved to vacate the judgment entered on her default. However, since the "decision and order" dated July 20, 1999, purporting to vacate Pascale's default directed her to "Submit Order on notice," the "decision and order" was merely a decision (see Thorn v. Sylvester, 237 A.D.2d 430, 431).

  2. Murlar Equities P'ship v. Jimanez

    2017 N.Y. Slip Op. 32886 (N.Y. Sup. Ct. 2017)

    Just as no appeal lies from a decision Matteson v. Matteson, 40 A.D. 2d 1079 [4th Dept 1972]; Wells v. Sinning, 34 A.D. 2d 682 [2nd Dept 1970]; Thorn v. Sylvester, 237 A.D.2d 430 [2nd Dept 1997) a motion to reargue or renew pertains to an order, not a decision. CPLR ยง2221, entitled "Motion Affecting Prior Order" provides in pertinent part: