DECISION ORDER
ORDERED that the appeal from so much of the order as referred the cross motion to the trial court is dismissed, without costs or disbursements; and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that the defendant is awarded one bill of costs.
The portion of the order which referred the cross motion of the plaintiff to the trial court did not decide the cross motion and therefore is not appealable as of right (see, CPLR 5701[a][2][v];Matter of Kohn v. Lawrence, 240 A.D.2d 496, 497 ; Barbarita v. Shilling, 115 A.D.2d 630 ; Bagdy v. Progresso Foods Corp., 86 A.D.2d 589 ). The Supreme Court providently exercised its discretion in granting the defendant's motion for leave to renew the prior motion of the plaintiff to find that the defendant was in default of a stipulation of settlement, and upon renewal, denying the prior motion and setting the matter down for trial (see, Daniel Perla Assocs. v. Ginsberg, 256 A.D.2d 303 ; Margino v. Avasso, 250 A.D.2d 652 ; Liberty Mut. Ins. Co. v. Allstate Ins. Co., 237 A.D.2d 260 ;Vayser v. Waldbaum, Inc., 225 A.D.2d 760 ). The parties' submissions raise various factual issues that cannot be resolved as a matter of law.
RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SCHMIDT, JJ., concur.