Empire Ins. Co. v. Food City, Inc.
| Decision Date | 16 November 1990 |
| Citation | 562 N.Y.S.2d 5,167 A.D.2d 983 |
| Court | New York Supreme Court — Appellate Division |
| Parties | EMPIRE INSURANCE COMPANY A/S/O G. & C. Photopoulos Realty Co., Inc., Respondent, v. FOOD CITY, INC. D/B/A Fine Fair Supermarket, Musa Odetalia and Mike (Mahmoud) Khalia, Appellants. |
Bigham Englar Jones & Houston by Kevin Donnelly, New York City, for appellants.
Law Offices of Adolph B. Salib by Adolph Salib, New York City, for respondent.
Before DILLON, P.J., and DOERR, BOOMER, PINE and DAVIS, JJ.
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 A.D.2d 576, 452 N.Y.S.2d 233; see also, Gulledge v. Adams, 108 A.D.2d 950, 485 N.Y.S.2d 130). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney's Cons. Laws of N.Y., Book 7B, CPLR C2221:9, at 185; see, Fahey v. County of Nassau, 111 A.D.2d 214, 489 N.Y.S.2d 249).
Appeal unanimously dismissed without costs.
To continue reading
Request your trial
-
Stephanski v. Superintend., Upstate Correct. Fac.
... ... 2000) (citing Empire Ins. Co. v. Food City, Inc., 167 A.D.2d 983, 562 N.Y.S.2d ... ...
-
Williams v. Beemiller, Inc.
... ... by Daniel Williams (plaintiff) in an August 2003 shooting in the City of Buffalo. Plaintiff, a high school student, was shot in the abdomen[952 ... lies from an order denying a motion for leave to reargue ( see id.;Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984, 562 N.Y.S.2d 5).[100 A.D.3d ... ...
-
Michael Fasolo & Premier Bldg. Grp., Inc. v. Scarafile
... ... to the extent that Supreme Court denied leave to reargue ( see Empire Ins. Co. v. Food City, 167 A.D.2d 983, 984, 562 N.Y.S.2d 5). We otherwise ... ...
-
Corter-Longwell v. Juliano
... ... JULIANO, Jr., et al., Defendants.Pocono Logistic, Inc., Third-Party Plaintiff-Respondent,v.Seneca Meadows, Inc., ... Entered: December 23, 2021GOLDBERG SEGALLA LLP, GARDEN CITY (FRANK S. ROSENFIELD OF COUNSEL), FOR THIRD-PARTY ... 2016] ; Empire Ins. Co. v. Food City , 167 A.D.2d 983, 984, 562 N.Y.S.2d 5 ... ...