Opinion · Appellate Division of the Supreme Court of the State of New York
Empire Insurance v. Food City, Inc.
Empire Ins. v. Food City, Inc., 167 A.D.2d 983 (Appellate Division of the Supreme Court of the State of New York 1990)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1990-11-16
- Topic
- real-estate
Appeal unanimously dismissed without costs. Memorandum: Defendants’ motion, designated one to "renew”, was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v Bedford Textile Prods., 89 AD2d 576; see also, Gulledge v Adams, 108 AD2d 950). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v County of Nassau, 111 AD2d 214). (Appeal from order of Supreme Court, Kings County, Williams, J.—renew motion.) Present—Dillon, P. J., Doerr, Boomer, Pine and Davis, JJ.
Citator
- Cited by
- 124 opinions
Appeal unanimously dismissed without costs. Memorandum: Defendants’ motion, designated one to "renew”, was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v Bedford Textile Prods., 89 AD2d 576; see also, Gulledge v Adams, 108 AD2d 950). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v County of Nassau, 111 AD2d 214). (Appeal from order of Supreme Court, Kings County, Williams, J.—renew motion.) Present—Dillon, P. J., Doerr, Boomer, Pine and Davis, JJ.