WEISSBERGER v. ASHIKARI

ORDERED that the appeal is dismissed, with costs.

No appeal lies from an order denying a motion for reargument (see, Mgrditchian v. Donato, 141 A.D.2d 513). In any event, the plaintiff previously appealed from an order of the same court dated February 23, 1999, which granted the defendants' respective motions to dismiss the complaint (Appellate Division Docket No. 1999-02613). However, the plaintiff failed to perfect that appeal, and it was dismissed for failure to prosecute by decision and order of this court dated December 14, 1999. That dismissal constituted an adjudication on the merits with respect to all issues which could have been reviewed therein, and the plaintiff is therefore precluded from obtaining appellate review of those issues on this appeal from the denial of her motion (see, Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750; Bray v. Cox, 38 N.Y.2d 350; Matter of Gross v. City of New York, 266 A.D.2d 214).