Opinion
Argued November 20, 2000.
December 19, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered September 14, 1999, denying her motion, denominated as one to renew and/or reargue but which was, in fact, one for reargument of the defendants' respective motions to dismiss the complaint, which were granted by order of the same court dated February 23, 1999.
C. Robinson Associates, P.C., New York, N.Y. (W. Charles Robinson and Janese N. Thompson of counsel), for appellant.
Aaronson, Rappaport, Feinstein and Deutsch, LLP, New York, N Y (Steven C. Mandell of counsel), for respondent Roy Ashikari.
O'Connor, McGuinness, Conte, Doyle Oleson, White Plains, N Y (Dawn McConnell Phillips and Anna Melhem of counsel), for respondent Rafael Vasquez.
Pilkington Leggett, P.C., White Plains, N.Y. (William A. Elder of counsel), for respondent Community Hospital at Dobbs Ferry.
Schiavetti, Corgan, Soscia, DiEdwards Nicholson, LLP, White Plains, N Y (Barbara A. McLaughlin and John J. Corgan of counsel), for respondent Westchester County Medical Center.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, with costs.
No appeal lies from an order denying a motion for reargument (see, Mgrditchian v. Donato, 141 A.D.2d 513). In any event, the plaintiff previously appealed from an order of the same court dated February 23, 1999, which granted the defendants' respective motions to dismiss the complaint (Appellate Division Docket No. 1999-02613). However, the plaintiff failed to perfect that appeal, and it was dismissed for failure to prosecute by decision and order of this court dated December 14, 1999. That dismissal constituted an adjudication on the merits with respect to all issues which could have been reviewed therein, and the plaintiff is therefore precluded from obtaining appellate review of those issues on this appeal from the denial of her motion (see, Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750; Bray v. Cox, 38 N.Y.2d 350; Matter of Gross v. City of New York, 266 A.D.2d 214).