D'Andrea v. Hutchins
| Decision Date | 28 January 2010 |
| Docket Number | 2073.,117993/05 |
| Citation | 69 A.D.3d 541,892 N.Y.S.2d 761,2010 NY Slip Op 585 |
| Parties | ROBERT LYONS D'ANDREA, Appellant, v. COLEMAN HUTCHINS, C.S.W., Respondent, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Plaintiff offered no new evidence in support of the part of his motion that sought renewal (CPLR 2221 [e] [2]; C.R. v Pleasantville Cottage School, 302 AD2d 259 [2003]).
No appeal lies from the denial of a motion for reargument (Parker v Marglin, 56 AD3d 374, 374-375 [2008]).
Because he did not appeal from the order that granted defendant's motion for summary judgment dismissing the complaint, plaintiff's arguments addressed to that determination are not properly before us (Matter of Gonzalez v New York City Clerk, 25 AD3d 389 [2006]).
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11 cases
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Fruchtman v. City of N.Y.
...N.Y.S.2d 14 [1st Dept.2008] ). We note that no appeal lies from the denial of a motion for leave to reargue (see D'Andrea v. Hutchins, 69 A.D.3d 541, 892 N.Y.S.2d 761 [1st Dept.2010] ), and that, in any event, plaintiff's appeal from the order on reargument is untimely (see CPLR 5513...
- Parkinson v. FedEx Corp.
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Malco Realty Corp. v. Westchester Condos, LLC
...October 2012 order, insofar as it denied reargument, should be dismissed as taken from a nonappealable order ( see D'Andrea v. Hutchins, 69 A.D.3d 541, 542, 892 N.Y.S.2d 761 [1st Dept.2010]; Parker v. Marglin, 56 A.D.3d 374, 374–375, 869 N.Y.S.2d 21 [1st Dept.2008] ). To the extent that pla......
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N.Y.C. Asbestos Litig. v. A.O Smith Water Prods. Co.
...a claim which a plaintiff has not yet actively asserted.Finally, no appeal lies from the denial of reargument (see D'Andrea v. Hutchins, 69 A.D.3d 541, 892 N.Y.S.2d 761 [1st Dept.2010] ), and defendants have abandoned their appeal from the portion of the order denying renewal (see Mehmet v.......
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