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EMANUEL STRATAKIS, Appellant, v. VALENTIN RYJOV et al., Defendants, and CITY OF NEW YORK et al., Respondents.

Although plaintiff's motion was denominated as one for renewal and reargument, it was solely for reargument and was treated as such by the motion court ( see Williams v City of New York, 19 AD3d 251). Inasmuch as no appeal lies from the denial of a motion to reargue, and no appeal has been taken from the original March 10, 2008 determination granting defendant City's motion for summary judgment, plaintiff's arguments addressed to that determination are not properly before us ( see Matter of Gonzalez v New York City Clerk, 25 AD3d 389).

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STRATAKIS v. RYJOV
(Oct 1, 2009)