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DIPASQUALE v. RONALD

Appellate Division of the Supreme Court of New York, First Department.
Jun 8, 2010

Although plaintiff captioned his motion as one for partial summary judgment, the IAS court correctly held it to be a motion for reargument of a portion of a 2008 order that had granted defendants partial summary judgment dismissing the fourth cause of action. Since no appeal lies from the denial of a motion for reargument, even if not denominated as such ( see Johnson v Fuller Co., 235 AD2d 348), this appeal must be dismissed.