From Casetext: Smarter Legal Research

Zeldin v. Village of East Hampton

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 631 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order dated March 20, 1987 is affirmed; and it is further,

Ordered that the appeal from the order dated November 20, 1987 is dismissed; and it is further,

Ordered that the defendant is awarded one bill of costs.

The plaintiff failed to prove that he had any merit to his action, a necessary showing for one seeking to be relieved of a default (see, Quigley v Jabbur, 124 A.D.2d 398; La Buda v Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014). The plaintiff's motion which was denominated a motion to renew was actually a motion for reargument. Thus, the appeal from the order dated November 20, 1987 must be dismissed, since no appeal lies from the denial of reargument. Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.


Summaries of

Zeldin v. Village of East Hampton

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 631 (N.Y. App. Div. 1988)
Case details for

Zeldin v. Village of East Hampton

Case Details

Full title:RANDY ZELDIN, Appellant, v. VILLAGE OF EAST HAMPTON, Respondent

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

Date published: Jun 13, 1988

Citations

141 A.D.2d 631 (N.Y. App. Div. 1988)

Citing Cases

Steinberg v. Koretz

A review of the record reveals that the plaintiff's motion, although denominated one for resettlement,…